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Man Arrested For Parodying Mayor On Twitter Files Civil Rights Lawsuit

timothy posted about 4 months ago | from the and-how-will-this-play-out dept.

Censorship 163

mpicpp (3454017) writes with an update from Ars Technica to this story: "The Illinois man who made headlines when he was detained for parodying the town's mayor on Twitter sued the Peoria politician and local police, claiming on Thursday that his civil rights were violated. As part of the April raid, the authorities seized the mobile phone and laptop of the 29-year-old prankster, Jonathan Daniel, and reviewed their contents, which he says was in violation of his First Amendment rights. Daniel, the operator of the @peoriamayor handle shut down by Twitter after the city threatened a lawsuit, was initially accused of impersonating a public official in violation of Illinois law. The authorities never lodged charges, however."

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Shut up and take my money (5, Insightful)

Anonymous Coward | about 4 months ago | (#47234281)

Is there a crowdfunding site where I can donate to his legal fund? I can't stand Illinois, and any time somebody scores a victory against the government there it brightens my day.

Re:Shut up and take my money (5, Funny)

Noah Haders (3621429) | about 4 months ago | (#47234335)

you could mock the mayor on twitter. sounds like he deserves it.

Re:Shut up and take my money (2, Informative)

Frobnicator (565869) | about 4 months ago | (#47234705)

you could mock the mayor on twitter. sounds like he deserves it.

The mayor already resigned. He's still being sued, but he is no longer in office.

Re:Shut up and take my money (-1, Offtopic)

Anonymous Coward | about 4 months ago | (#47234887)

fuck you slashdot. if i select classic over beta, why keep taking me back to beta. set a cookie. respect my choice. otherwise just fuck off...

Re: Shut up and take my money (-1, Offtopic)

Anonymous Coward | about 3 months ago | (#47235107)

I hear soyletnews.org is doing great, and lacks anything remotely close to beta.

Re: Shut up and take my money (0)

Anonymous Coward | about 3 months ago | (#47235149)

soylentnew.org
 
FTFY. And thanks, never heard of that site but heading over to check it out. When /. "forgets" my choice to view in classic mode I just go somewhere else. If /. goes with the Beta look full time I for one will not bother coming back again.

Re: Shut up and take my money (-1)

Anonymous Coward | about 3 months ago | (#47235401)

They haven't posted any new stories for 2 weeks. That's doing great?

Re: Shut up and take my money (0)

Anonymous Coward | about 3 months ago | (#47235665)

Your computer must be broken because from the list of stories in my RSS reader they posted 13 stories Wednesday, 15 stories Thursday and 14 stories yesterday. (For reference I'm on British Summer Time, so you might get a slightly different story count if you are in a different time zone.)

There may be fewer comments on the stories over there, but there is a higher signal to noise ratio.

Re: Shut up and take my money (0)

Anonymous Coward | about 3 months ago | (#47235713)

Is their site dependent on javascript and or cookies? If so, that may be the reason. I refuse to use them. Risks involved are many with them and I only use those on ecommerce or banking sites that demand db driven access and state control. Thanks for the answer. I've seen the place, looks good, just like classic here and probably minus the damn trolls and idiots who try to be "funny" and only clot the pages here with useless bullcrap. I'd gladly attend there in fact IF I knew they don't depend on those 2 shitty things that help ruin the web and others' systems (yes, they get abused for that and we all know it). I am not bullshitting you either but I do suspect the cause may be those for me seeing stories there that are 2 weeks old on the main page. I am starting to get sick of this site actually with all the trolls and fools that ruin it for everyone actually. It's served its purpose for me here and like much in life, you can always do better (like finding a better woman for instance as an analogous comparison here).

It's simple to get around it... apk (-1)

Anonymous Coward | about 3 months ago | (#47235415)

Hardcode these entries into your hosts file as the topmost entries:

216.34.181.45 slashdot.org
216.34.181.45 beta.slashdot.org
216.34.181.48 news.slashdot.org
216.34.181.48 developers.slashdot.org
216.34.181.48 hardware.slashdot.org
216.34.181.48 ask.slashdot.org
216.34.181.48 it.slashdot.org
216.34.181.48 linux.slashdot.org
216.34.181.48 tech.slashdot.org
216.34.181.48 yro.slashdot.org
216.34.181.48 science.slashdot.org
216.34.181.48 2idle.slashdot.org
216.34.181.48 apple.slashdot.org
216.34.181.48 books.slashdot.org
216.34.181.48 games.slashdot.org
216.34.181.48 interviews.slashdot.org
216.34.181.48 mobile.slashdot.org

* Note the BOLDED one above? That's the one that ordinarily goes to another IP address - this is a way to DIRECT IT DIRECTLY TO "classic" which if you note, has the SAME IP address directly above it... & THAT alone is exactly why it works for me (registered 'lusers' MAY have issues with cookies, javascript, & possibly what I note in my 'p.s.' below though... not sure on that - I don't have such an acct here, as I never saw the value in it!).

(Cookies aren't a problem for you either, as YOU post anonymous coward as I do... so, that will do it for you! Using cookies &/or JavaScript for "registered 'lusers'" here *might* be though - however, I don't have an account, so, for them? I have NO IDEA if it'd work or not...)

It just works...

APK

P.S.=> For news.slashdot.org -> mobile.slashdot.org in the list above, you also *may* want to redirect the "beta" ones for those also, just as I have the top 2 entries above for slashdot.org + beta.slashdot.org as well - just add beta.mobile.slashdot.org (for example) for all of them as well IF you wish (I don't have to, I post ac as you do, I never SEE "beta" since they redirected me too, but I beat their game, this way - I don't have anything against beta, I am just more used to classic is all... that's how I got it, no problem @ all).... apk

Re:It's simple to get around it... apk (0)

Anonymous Coward | about 3 months ago | (#47235505)

Like this?

You mean like this?

216.34.181.45 slashdot.org
216.34.181.45 beta.slashdot.org
216.34.181.48 news.slashdot.org
216.34.181.48 beta.news.slashdot.org
216.34.181.48 developers.slashdot.org
216.34.181.48 beta.developers.slashdot.org
216.34.181.48 hardware.slashdot.org
216.34.181.48 beta.hardware.slashdot.org
216.34.181.48 ask.slashdot.org
216.34.181.48 beta.ask.slashdot.org
216.34.181.48 it.slashdot.org
216.34.181.48 beta.it.slashdot.org
216.34.181.48 linux.slashdot.org
216.34.181.48 beta.linux.slashdot.org
216.34.181.48 tech.slashdot.org
216.34.181.48 beta.tech.slashdot.org
216.34.181.48 yro.slashdot.org
216.34.181.48 beta.yro.slashdot.org
216.34.181.48 science.slashdot.org
216.34.181.48 beta.science.slashdot.org
216.34.181.48 2idle.slashdot.org
216.34.181.48 beta.2idle.slashdot.org
216.34.181.48 apple.slashdot.org
216.34.181.48 beta.apple.slashdot.org
216.34.181.48 books.slashdot.org
216.34.181.48 beta.books.slashdot.org
216.34.181.48 games.slashdot.org
216.34.181.48 beta.games.slashdot.org
216.34.181.48 interviews.slashdot.org
216.34.181.48 beta.interviews.slashdot.org
216.34.181.48 mobile.slashdot.org
216.34.181.48 beta.mobile.slashdot.org

?

Yes, I do (very good)... apk (-1)

Anonymous Coward | about 3 months ago | (#47235547)

However, like I said in my original post you replied to here http://yro.slashdot.org/commen... [slashdot.org] ?

YOU, like I, post ac - So, that said??

Merely doing the slashdot.org & beta.slashdot.org works for use ac posters, & no other entries required, keeping your hosts file smaller & more efficient!

Again, assuming you don't take cookies here, I don't for example since I have no use for them, & it works JUST FINE as is, PLUS with 1/2 the entries @ the top of your hosts file too!

That - along with NOT allowing JavaScript here, which Opera 12.17 64-bit allows for me BY SITE if I wish, but I use THAT as a GLOBAL DEFAULT for all websites!

I.E. - I only use JavaScript + cookies on DataBase driven sites where I have to save 'state' - think shopping &/or banking sites, or employment sites, etc. - et al...

(Otherwise? It's OFF here, further securing me AND making me faster (javascript slows the HELL out of you is why & can be dangerous since, face it - it IS one of the MAIN MALICIOUS DELIVERY TOOLS there is alongside Java, & Flash)).

Enjoy & NO MORE "beta" for you

APK

P.S.=> I suspect even with a "registered 'luser'" account here that the list you posted after you created it & asked me if it's correct (it is) will work to stop being redirected to beta, EVEN FOR A "REGISTERED 'LUSR'" account user!

However:

Again - Only those with said accounts on this site would know that, since I admittedly do NOT use one as again, I never saw the value in it

&

Yes - I realized the downside of it, in that it makes you HIGHLY "trackable for trolling" & as is, even as an ac here, I get QUITE ENOUGH of that, lol...

I.E.-> I've got my 'fanclub' of puny trolls here who no longer troll me by their registered 'luser' accounts, but now do so by AC posts AFTER they downmod my posts... it's the "best they've got" & it's not much, considering I utterly FRY them where it matters - with facts, & ON TOPIC, unlike those losers (lol)).

... apk

Re:Shut up and take my money (5, Informative)

Anonymous Coward | about 3 months ago | (#47235939)

> The mayor already resigned. He's still being sued, but he is no longer in office.

That is false. Jim Ardis is still in office. [peoriagov.org]

It is the Chief of Police who resigned [centralillinoisproud.com] to take a job as head of north american security for Caterpillar where he is surely making even more money.

Re:Shut up and take my money (0)

Anonymous Coward | about 4 months ago | (#47234961)

@therealpreoriamayor approves this message

captcha - adultery

Re:Shut up and take my money (0)

Anonymous Coward | about 4 months ago | (#47234399)

I can't stand Illinois

Same here. I hate Illinois Nazis.

Re:Shut up and take my money (2)

Joe_Dragon (2206452) | about 4 months ago | (#47234481)

I'm at 1060 w addison come and get me

Re:Shut up and take my money (0)

Anonymous Coward | about 4 months ago | (#47234521)

Orange Whip?

Re:Shut up and take my money (0)

Anonymous Coward | about 4 months ago | (#47234559)

You shouldn't falsify your driver's license renewal. It usually ends with you in prison playing the harmonica.

Re:Shut up and take my money (0)

Anonymous Coward | about 4 months ago | (#47234797)

That's the basement at 1060 w addison

Re:Shut up and take my money (0)

Anonymous Coward | about 4 months ago | (#47234933)

Let me guess: bleachers behind 3rd base, about 2/3 of the way out, just close enough to reach for foul balls?

Re:Shut up and take my money (0)

Anonymous Coward | about 3 months ago | (#47235209)

Nah, but close enough to grab yours when you come visiting

Re:Shut up and take my money (4, Insightful)

PopeRatzo (965947) | about 4 months ago | (#47234639)

In this case, it's an Illinois Republican. Elected with 100% of the vote, yet apparently has somewhat thin skin.

And he's a numb skull if he thinks arrest is going to fly with higher courts. It's perfectly legal to parody a public official in the US.

In fact, I'm pretty sure most of our elected officials are parodies of public servants.

Re:Shut up and take my money (1)

evil_aaronm (671521) | about 4 months ago | (#47234859)

Two questions: 1. How long are you in town? And 2. How's the veal?

Re:Shut up and take my money (3, Insightful)

dbIII (701233) | about 4 months ago | (#47234903)

I see this (like the insane Terry Childs situation) as yet another reason why having city police instead of just state and federal police is structurally unsound. A state police department could consider it as a request to arrest a potential lawbreaker while with city police it's an order from their boss with little or no oversight.

And he's a numb skull if he thinks arrest is going to fly with higher courts

I don't think he cares, the arrest alone is a punishment and a demonstration of "might makes right" Soviet style.

Re:Shut up and take my money (0)

Anonymous Coward | about 3 months ago | (#47236055)

From the mayor's official statement about this lawsuit at http://www.peoriagov.org/content/uploads/2014/06/Mayor-release-2014-06-12_1402599759_add.pdf :
"I will protect my rights and the rights of my family at all costs. I am exploring false light and defamation as well as other actions against those responsible for the placing and hosting of the libelous comments."

It sounds like not only is he not backing down, he could be considering going even farther and countersuing or even suing Twitter (the host of the comments)

Re:Shut up and take my money (5, Interesting)

Anonymous Coward | about 4 months ago | (#47234767)

Same here, born in Pekin, moved to Peoria then realized the whole state sucks and left for Troy Michigan.

After living here and then revisiting IL for Christmas every few years I realize how bad it really is there. I'll only be in town for like 2 or 3 days yet I'll be harassed by cops, have them randomly floor their cars screeching their tires while riding next to me then slam on the breaks and then speed back up next to me and stare at me.

For no reason besides that I drive an Evo which is a very fast Turbo AWD rally car. I'll just be cruising and instantly get all sorts of harassment. North Pekin and Marquette Heights are the worst. Had a car fly up on me when a car was next to me.... Car behind has high beams on, I figured I'd speed up a tad to make room to move right so he could get past, soon as I did I get busted for my first speeding ticket at 18yrs old. He refuses to budge even after commenting that I "got away from them for 2 years so I must have it coming". Mind you this was my first ticket ever back when I drove a 95 Ford Escort and I have zero police records or interactions. All I did was politely move forward with my signal on to let an apparently faster car with high beams on by.....

Every year I visit I tell my Fiance that something will happen somewhat mockingly.... then before our very eyes Illinois Police then start driving like thugs within our view. Running red lights and screeching their tires. Then they get behind some random car and then tailgate him about 1 inch from his bumper. After a few intersections they stop at 7-11 and spend 25 minutes there chatting it up. I actually stopped to watch them, then phoned in their car number to the sarge and explained to him what was going on. I've learned to fight fire with fire.

Same night one comes up behind me in a drive thru which I had already been waiting at for nearly 15 minutes. I saw him coming down the road and suddenly he noticed my sports car. He whips 3 lanes to quickly turn at the intersection and into the restaurant parking lot to get behind me. Then he doesn't order anything, flies out right behind me as I'm done with my order and throws his lights on. I've literally moved like 10ft and haven't even had a chance to get up to 25mph. Then he rolls next to me, flips me off, then burns his tires back towards downtown and shuts his lights off....

I swear it's like a freaking police state. literally. figuratively. essentially....... Then I go back to Michigan where everyone is friendly, non-judgemental, and most importantly I'm not guilty of anything by driving my Red Mustang Cobra or Lancer Evolution until I actually break a law. In IL I'm profiled and stopped before I can even break a law. Literally pulling me over out of a drive thru that I sat at for a long time. How could I possibly have deserved that?

I've still yet to ever be arrested or actually taken to jail. Yet I've had like 10-15 police encounters in the years since living there and almost a guaranteed one every time I visit for 2 to 3 days ONCE A YEAR. Like clockwork they never fail to perform exactly as I mention.

It's basically Jocks with guns at this point. Jackbooted thuggery,

Re:Shut up and take my money (0)

Anonymous Coward | about 4 months ago | (#47234865)

Got any video of this? I'm from another country and just can't imagine anything like this. (Note that I'm not saying I disbelieve you, or that I'm demanding evidence. I honestly can't imagine it.)

Re:Shut up and take my money (1)

pepty (1976012) | about 4 months ago | (#47234881)

I'll only be in town for like 2 or 3 days yet I'll be harassed by cops, have them randomly floor their cars screeching their tires while riding next to me then slam on the breaks and then speed back up next to me and stare at me.

For no reason besides that I drive an Evo which is a very fast Turbo AWD rally car. I'll just be cruising and instantly get all sorts of harassment. ... I saw him coming down the road and suddenly he noticed my sports car. ...

You're driving a Mitsubishi compact sedan or hatchback. Unless you've tarted it up with bric-a-brac (spoilers, coffee can exhaust, stickers, etc) or you're a leadfoot the police think you're driving a Mitsubishi compact sedan or hatchback.

Re:Shut up and take my money (0)

Anonymous Coward | about 4 months ago | (#47234941)

No a lancer evolution comes from the factory with 300 horsepower and 300ft/lbs of torque from as low as 3000rpm. That's V8 grunt. Except the engine a 2.0 liter 4 cylinder with a massive turbocharger breathing 23psi. In Europe the same car is available with up to 440 horsepower and 415ft/lbs of torque from the same 2.0 liter engine. It's called the FQ440. They also sell 400hp/360hp/330hp/ and in America only the 300hp version.

It has a full-time four wheel drive system with a mechanical limited slip front differential, hydroelectrically actuated center differential, and a planetary yaw control electronic rear differential. The suspension is entirely forged aluminum front and rear. The roof is made out of aluminum as well as the front clip and doors. Launch control modes with a 2-step stationary rev-limiter at 5500rpm that pre-spools the turbocharger. Factory 0-60 is 3.9 seconds on the higher output versions.

The computer can be flashed and tuned by using a $75 dollar cable and free software. You can datalog/flash as many cars as you want without any further fees. You can get 400 horsepower at the wheels without replacing the factory turbocharger. Meaning you retain warranty even for basic mods that get you 400 ponies. I destroy Corvettes and Mustangs with superchargers all day long. Zero wheelspin off the line and even when it's raining I can put all my power down without any wheel spin.

Despite all that technology it's only $35K base, and around $40K well optioned with a manual trans. People have made over 1500 horsepower using this motor and it's essentially Mitsubishi's race car wearing sheep clothing. You think a Mustang was serious? In 1995 when the Mustang V8 5.0 made 215 horsepower the Evo had AWD and 270 horsepower from their earlier 2.0 4 cylinder engine on a car that weighed less.

The previous models are compared with Lamborghinis and fare well on Top gear.... http://www.topgear.com/uk/videos/evo-v-lambo-p1

Owning a car like that still doesn't warrant such behavior. Not when I've just driven from Michigan to Illinois and have zero interest is screwing around after driving 8+ hours. Literally putting around at the speed limits doing zilch. No joke.

I've YET to have any bad Police encounters in the time I've been in Michigan. No one messes with me because I'm not breaking any laws or speeding. I have a perfectly clean driving record dating back 5+ years. But in IL suddenly I'm treated like a big criminal.

Re:Shut up and take my money (1, Redundant)

pepty (1976012) | about 3 months ago | (#47235735)

No a lancer evolution comes from the factory with 300 horsepower and 300ft/lbs of torque from as low as 3000rpm. That's V8 grunt. Except the engine a 2.0 liter 4 cylinder with a massive turbocharger breathing 23psi. In Europe the same car is available with up to 440 horsepower and 415ft/lbs of torque from the same 2.0 liter engine. It's called the FQ440. They also sell 400hp/360hp/330hp/ and in America only the 300hp version.

All of which is housed in the body of a Lancer, which is what the police see unless you're a leadfoot.

Re:Shut up and take my money (1)

mrchaotica (681592) | about 3 months ago | (#47235325)

You're driving a Mitsubishi compact sedan or hatchback. Unless you've tarted it up with bric-a-brac (spoilers, coffee can exhaust, stickers, etc) or you're a leadfoot the police think you're driving a Mitsubishi compact sedan or hatchback.

Evos come tarted up with bric-a-brac from the factory.

Re:Shut up and take my money (-1, Flamebait)

nut (19435) | about 3 months ago | (#47235585)

Interesting. Illinois police certainly do have a repuation. I'm not actually from the U.S.A. but nevertheless Amnesty International sends me emails about petitions such as this one about the Chicago police [amnestyusa.org] .

Sorry if that looks like a shameless plug for Amnesty International (well I guess it is) but WTH, they do good work.

Re:Shut up and take my money (1)

Jim Sadler (3430529) | about 3 months ago | (#47235795)

I've seen this type of behavior with cops in other places. Somebody has put the finger on you or maybe your family or past associates. They will continue to harass you and it can be dangerous. Sometimes this can start because you dated a girl that one of the cops liked. It can also be a false accusation made by an enemy. Another frequent source is a business that complains about lack of police presence or police behavior. In some cases the shift sergeant will actually instruct the shift to lean on an individual. Whatever you do simply do not allow yourself to get angry or be less than polite no matter how insulting they get. I once had a cop try to bait me into attacking him. There was a backup squad car hiding in the dark. If I had so much as twitched I would have been beaten down or arrested. Ex wife was dating a cop in a nasty divorce----

Re:Shut up and take my money (1)

Rigel47 (2991727) | about 3 months ago | (#47235831)

Wow.. so adding IL to FL on my "do not visit" list due to their infantile and corrupt police.

Re:Shut up and take my money (0)

Anonymous Coward | about 4 months ago | (#47234949)

Same here. I hate Illinois Nazis.

I think this wooshed most folks here.

Re:Shut up and take my money (5, Informative)

Frobnicator (565869) | about 4 months ago | (#47234699)

I don't think you'll need to fund it. If you haven't read the PDF of his complaint, the listing of facts is surprisingly strong.

Seriously, it is short, just read the few pages in the middle. Complaint in PDF [arstechnica.net] .

The claims include that there are written documents (probably email) between the mayor and the chief of police, where the mayor tells the cops to do something, the police chief says there is no legal basis, and the mayor tells him to do it anyway. Then the claims include that the cops made written statements (again, probably email) that show officers were ordered to arrest him, they balked saying there was no legal basis, but the police chief ordered it anyway. If he has those emails, that is rather damning.

The list of claims continues by citing court records, where the police filed an empty form citing no probable cause even though the law requires proper documentation. Granting a warrant based on a blank probable cause statement is also pretty damning for those involved.

If he actually has those papers, city officials and court officials declaring that they knew it was illegal but did it anyway, that is going to be hard for the individuals to deny.

A few of them are likely just CYA papers, but if accurate, the exchange boils down to this: "Do this illegal thing." "Sorry boss, it is against the law." "I know it is against the law, do it anyway." If the allegations can be substantiated (and since the suit says those are all public official records, it should be easy to validate) then this case will be a quick settlement.

Re:Shut up and take my money (4, Interesting)

rtb61 (674572) | about 4 months ago | (#47234805)

Based upon that, the fellow is tackling the problem all wrong. First up should be a call to Federal Authorities to file a complaint for infringement of his civil rights and let them do all the heavy lifting. Once the Feds have successfully prosecuted the case, his civil suit then becomes a simple manner of negotiating out the value of the claim.

Quote. (0)

Anonymous Coward | about 4 months ago | (#47235057)

Interesting comment.

This from the linked story is interesting, also:

"News of the raid spread quickly beyond Peoria as coverage appeared everywhere from the Los Angeles Times to Al-Jazeera. New parody Twitter accounts popped up, including @notpeoriamayor, which featured the official photo of Ardis -- topped off with a Hitler mustache."

More: (2, Informative)

Anonymous Coward | about 4 months ago | (#47235077)

Quoting:

The account had fewer than 50 followers, yet now "there are more than a dozen copycat accounts."

Re:Shut up and take my money (4, Insightful)

AmiMoJo (196126) | about 3 months ago | (#47235377)

At this stage he probably doesn't have much confidence in law enforcement.

Re:Shut up and take my money (0)

Anonymous Coward | about 3 months ago | (#47235705)

Based upon that, the fellow is tackling the problem all wrong. First up should be a call to Federal Authorities to file a complaint for infringement of his civil rights and let them do all the heavy lifting. Once the Feds have successfully prosecuted the case, his civil suit then becomes a simple manner of negotiating out the value of the claim.

That might work if American government was a legal language interpreter.
However, you are talking about asking the Department of Justice, the head of which (Eric Holder) has been called before Congress several times, in a state where a good friend of theirs has become Mayor of Chicago. DOJ won't want to embarrass leadership in another locale.

He'd be better off bringing a Federal civil rights lawsuit - using the win from this case as a foothold to leverage 'standing'. With a criminal case, the prosecutor has to agree to bring charges, but all you need to file a civil suit is a hired lawyer and a judge that can't find an easy excuse to throw out the case.

Also he could take the blank sheet of paper that was used to generate the warrant to the Illinois Bar Association and request the judge that provided the warrant be disbarred. Probably easier to do that task once he wins this suit, but a step that should not be skipped. Fight at least for censure, but disbarrment is clearly the appropriate course.

Re:Shut up and take my money (2)

Jim Sadler (3430529) | about 3 months ago | (#47235823)

I would not count on the Feds to help much at all. One tactic employed by the Feds is to take so long to open or investigate a situation that statutes can no longer be enforced. If it is a civil violation you may have a very short time to file a suit. The expense of such a suit may be crushing for you as well even if you win. On top of all of that state or county sovereignty rules may make such a suit next to impossible. This is the false promise of our legal system at work. How often do we see companies like Microsoft pay fines in the tens of millions of dollars. But these companies make more money than the fines cost them and it is actually an encouragement to keep on breaking the law. So you pay a 50 million dollar fine but you made 750 million by committing the illegal acts. Imagine a jury, composed of tax payers, who know full well that any significant law suit will increase their property taxes and other fees. In effect you are asking a jury to take money out of their own pockets. That rules out a big win.

Re:Shut up and take my money (0)

Anonymous Coward | about 4 months ago | (#47234815)

I don't think you'll need to fund it. If you haven't read the PDF of his complaint, the listing of facts is surprisingly strong.

Seriously, it is short, just read the few pages in the middle. Complaint in PDF [arstechnica.net] .

The claims include that there are written documents (probably email) between the mayor and the chief of police, where the mayor tells the cops to do something, the police chief says there is no legal basis, and the mayor tells him to do it anyway. Then the claims include that the cops made written statements (again, probably email) that show officers were ordered to arrest him, they balked saying there was no legal basis, but the police chief ordered it anyway. If he has those emails, that is rather damning.

The list of claims continues by citing court records, where the police filed an empty form citing no probable cause even though the law requires proper documentation. Granting a warrant based on a blank probable cause statement is also pretty damning for those involved.

If he actually has those papers, city officials and court officials declaring that they knew it was illegal but did it anyway, that is going to be hard for the individuals to deny.

A few of them are likely just CYA papers, but if accurate, the exchange boils down to this: "Do this illegal thing." "Sorry boss, it is against the law." "I know it is against the law, do it anyway." If the allegations can be substantiated (and since the suit says those are all public official records, it should be easy to validate) then this case will be a quick settlement.

A quick settlement is not the correct course of action. I don't want quick, I want heads to roll for this kind of shit.

Otherwise, it does nothing to prevent it from happening again, and when the law has deeper political pockets, it won't be so easy to dismiss illegal activity, no matter how damning the evidence.

Just ask those who are "too big to fail" If you think that shit won't happen again due to the utter lack of punishment, your ignorance is immeasurable.

Re: Shut up and take my money (1)

Anonymous Coward | about 3 months ago | (#47235369)

For a country keen on its seperation of powers, I'm constantly surprised there aren't independent police and prosecuting authorities. Appointments at the top are one thing, but direct orders from politician to police should be third world stuff.

Re:Shut up and take my money (1)

Rigel47 (2991727) | about 3 months ago | (#47235835)

The real question is where the fuck are the indictments? This is *criminal* behavior and yet the taxpayer is going to shoulder "justice." Until cops and elected officials get put in cuffs when they break the law this sort of BS will continue to happen.

Re:Shut up and take my money (5, Interesting)

Anonymous Coward | about 3 months ago | (#47235131)

His criminal charges were dropped, the only legal stuff he has left is his lawsuit against the city which the ACLU is taking care of. I would suggest becoming a member of the ACLU and donating to them so that they can continue standing up for everyone's civil rights.

Re:Shut up and take my money (-1)

Anonymous Coward | about 3 months ago | (#47236019)

Everyone's? LOL

If they didn't pick and choose cases 99% based on politics, you might have a point.

A plague of lawyers seems appropriate (4, Funny)

Crashmarik (635988) | about 4 months ago | (#47234293)

punishment for officials who abuse their power. Sort of a use your enemies to fight each other strategy

Jonathan Daniel won the legal lottery (3, Insightful)

sinij (911942) | about 4 months ago | (#47234303)

This is open-and-shut case, and the only question is what the settlement and payout to Jonathan Daniel would be.

Re:Jonathan Daniel won the legal lottery (0)

Anonymous Coward | about 4 months ago | (#47234325)

This is open-and-shut case, and the only question is what the settlement and payout to Jonathan Daniel would be.

It is really what the taxpayers are going to be paying the lawyers...

Re:Jonathan Daniel won the legal lottery (-1)

Anonymous Coward | about 4 months ago | (#47234327)

You're right! It's a open-and-shut case, because the man has no case whatsoever: "authorities never lodged charges."

Re:Jonathan Daniel won the legal lottery (4, Insightful)

LordLucless (582312) | about 4 months ago | (#47234371)

Right - they never lodged charges, but they stole his stuff, and read his private papers anyway. That's sorta the whole point.

Re:Jonathan Daniel won the legal lottery (1)

Anonymous Coward | about 4 months ago | (#47234415)

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Did they..................have a warrant? That's the due process, described in the Constitution. You know what the Constitution is, right?

Re:Jonathan Daniel won the legal lottery (1)

Sarten-X (1102295) | about 4 months ago | (#47234511)

Shush. You're interrupting the Two Minutes Hate.

Re:Jonathan Daniel won the legal lottery (4, Informative)

sumdumass (711423) | about 4 months ago | (#47234537)

The fourth (warrant) doesn't really matter (and yes they did have one). This guy is claiming 1st amendment US constitution and article 1 section 4 of the Illinois state constitution here.

He is saying he has a right to mock politicians. Even if they filed charges, his first amendment claims simply becomes a defense but it appears that the only charges they could file is if the fake account attempted to impersonate a government official in their official capacity. The problem here is that the comments or tweets were about smoking crack, eating pussy, and crap like that in response to the mayor's actions. For the law in question to apply, he would have had to say something like the mayors office is supporting the Gay KKK rally or something of the sorts that would make the public believe government was taking an action or position on something. But it appears to have all been personal degradation and character assassinations (which may open a civil suit but still would have no net effect on the first amendment claims).

Re:Jonathan Daniel won the legal lottery (4, Informative)

plover (150551) | about 4 months ago | (#47234607)

But it appears to have all been personal degradation and character assassinations (which may open a civil suit but still would have no net effect on the first amendment claims).

Libel laws have much tighter requirements in the case of a "public figure", where actual financial harm has to be proven. The (real) mayor can't simply claim "his false statements made me embarrassed, so I want $10,000 in pain and suffering", he has to show real losses, as in "when he claimed I smoked crack, my boss filled out an HR form that said they had to fire me because they couldn't have a drug user driving forklifts, so I was fired, and lost $10,000 in wages."

Re:Jonathan Daniel won the legal lottery (0)

Anonymous Coward | about 3 months ago | (#47236033)

Actually, it's a lot looser in the case of a "public figure" (whoops, just about wrote pubic *whistling*) because they have "reputation" that can be damaged. But even in this case, if it could be linked to the mayor feeling like he was forced to resign there's material damage right there on top of the damage to his reputation.

Re:Jonathan Daniel won the legal lottery (2)

Sabriel (134364) | about 4 months ago | (#47234631)

He's not arguing they didn't have a warrant, he's arguing they didn't have the "probable cause" you bolded and they performed the "unreasonable searches and seizures" you didn't bold: in other words, that they didn't follow due process to obtain the warrant they used against him.

Re:Jonathan Daniel won the legal lottery (1)

Anonymous Coward | about 4 months ago | (#47234671)

Hopefully the Judge that signed the warrant gets in some shit as well.

Re:Jonathan Daniel won the legal lottery (1)

NemoinSpace (1118137) | about 4 months ago | (#47234749)

I was hoping this might occur to someone else. In fact the judge is guilty of a far greater crime and deserves jail time.
blocking AC's is censorship.

Re:Jonathan Daniel won the legal lottery (1)

Anonymous Coward | about 3 months ago | (#47235141)

Judges cannot be held liable no matter how badly they disregard the law. The city officials might be on the hook for damages, maybe, if they *knowingly* violated this man's rights (but there would need to be supporting evidence, such as emails, otherwise it's an ordinary lawsuit challenging a government practice rather than going after officials for damages)

Re:Jonathan Daniel won the legal lottery (1)

Anonymous Coward | about 4 months ago | (#47234931)

They had a warrant, but it was granted with no probable cause. Due process includes all of the above (affiant giving probable cause, place and things to be searched, warrant granted). If you have a warrant without probable cause, it's still a violation of the 4th Amendment.

dom

Re:Jonathan Daniel won the legal lottery (1)

Gaspard de Coligny (3639401) | about 4 months ago | (#47234373)

" As part of the April raid, the authorities seized the mobile phone and laptop of the 29-year-old " You are either an idiot or a contrarian troll... Either ways, go back to your cave...

Re:Jonathan Daniel won the legal lottery (2)

JMJimmy (2036122) | about 4 months ago | (#47234361)

I don't think it is open and shut... perhaps for illegal search but they detained him legally, I believe, and released him without charge. The question is whether they had grounds to detain him. He can claim parody but there's not much indication of that. He used actual pictures of the man, made slanderous statements, and may have made claims to be the real mayor (not sure on this as I've not read the tweets). Very little of it seems parody-like from what I've read. I'll bet there will be a counter suit for slander if the statute of limitations hasn't run out.

Re:Jonathan Daniel won the legal lottery (2, Informative)

Anonymous Coward | about 4 months ago | (#47234425)

the question is not if they had grounds to detain him. You can FIND grounds to detain anyone. Searching his phone without a warrant though is (should be) serious trouble. The cops should have known better. And if you'd seen the tweets, it was pretty obvious this was NOT the mayor.... I think it has good standing as Parody, but IANAL.

Re:Jonathan Daniel won the legal lottery (3, Informative)

DMUTPeregrine (612791) | about 4 months ago | (#47234603)

It was listed as being a parody account several days before the raid.

Re:Jonathan Daniel won the legal lottery (0)

Anonymous Coward | about 4 months ago | (#47234723)

The problem is the Mayor (depending on state laws for who controls to police, mayor, city council) abused his powers, and probably forced the police departments hand, and this is why Police Chiefs and their departments are corrupt. The police should have refused any request by the mayor, and made a public statement that they are not going to violate laws because the Mayor has no sense of humor.

And the article is over the very fact the police illegally ceased his phone and laptop, then illegally went thru the entirety of the content. I'm sure the Mayor will abuse and hide behind some law over a political officials life being threatened to no avail. Just like in national politics local mayors can hold a monopoly from idiot companies and special local interest groups, and the brain dead residents who wont make any change becuase while the current moron hasn't done anything to hurt their city, he hasn't done anything to help it out, and he is wasting tax money on stupid stuff like this, only the Mayor knows what other wasteful spending/pocketed money he has done.

Your comment seems to be for the Mayor as opposed to be more open, I've read other comments that indicate the man was making fun of the Mayor and not trying to do anything more. I find with today's citizens sick and tired of political corruption, in house fighting, ect., if the Mayor was going to sue is would be next to impossible for this dipshit to win.

Re:Jonathan Daniel won the legal lottery (2, Insightful)

Anonymous Coward | about 4 months ago | (#47234955)

they detained him legally, I believe, and released him without charge

False arrests need to be treated as felonies and the police responsible need to be placed in prison like other felons.

With all of the thousands and thousands of laws which were designed to allow police and 'officials' to create charges out of thin air, none of them applied to this person. This person did absolutely nothing wrong in the eyes of the law, yet an armed paramilitary wing of the city government came to kick his door in. The problem with this paramilitary wing coming to kidnap you is that they have a checklist where they can start shooting you for 'officer safety' and get away with it. This checklist includes things such as 'he looked like a drug crazed domestic terrorist who had a firearm somewhere in the house' and 'he owned a dog'.

Put the police in prison where they belong.

Re:Jonathan Daniel won the legal lottery (0)

Anonymous Coward | about 3 months ago | (#47235147)

I think any reasonable court would hold that the Twitter account is protected speech and that as such, they have no legal basis to detain him.

Re:Jonathan Daniel won the legal lottery (1)

PJ6 (1151747) | about 3 months ago | (#47235887)

This is open-and-shut case, and the only question is what the settlement and payout to Jonathan Daniel would be.

Normal people aren't allowed to pay their way out of jail for their crimes.

Why are there settlements instead of sentences when a business or any other type of organization is involved?

Is this still the Land of the Free ? (0, Flamebait)

Anonymous Coward | about 4 months ago | (#47234307)

If that guy was in Sudan, and the entire incident transpired in a backwater country like Sudan, it would seem to make some sense

But this happened in the United States of America, the supposed land of the FREE

What has happened to FREEDOM and LIBERTY ?

Have they been stripped off by the Obama Administration, along with the Privacy of the citizens ?

Re:Is this still the Land of the Free ? (4, Funny)

JMJimmy (2036122) | about 4 months ago | (#47234313)

Didn't you know? It's FREE*

*With purchase of power, results may vary. By reading this you agree to give up all your legal rights.

Re:Is this still the Land of the Free ? (4, Funny)

CRCulver (715279) | about 4 months ago | (#47234337)

Have they been stripped off by the Obama Administration, along with the Privacy of the citizens?

They must have been, especially since the US had never ever seen any problems with corrupt local politicians before Obama became president!

Re:Is this still the Land of the Free ? (1)

Anonymous Coward | about 4 months ago | (#47234363)

What has happened to FREEDOM and LIBERTY ?

Have they been stripped off by the Obama Administration, along with the Privacy of the citizens ?

Bush happened. Obama promised change. He lied.

Re:Is this still the Land of the Free ? (0)

Anonymous Coward | about 4 months ago | (#47234525)

George Washington happened.

FTFY. The role of president has been a continuous slide into chucklefuckery from the very beginning.

I sadly can't think of a better alternative, though. Could you imagine a government where the legislative branch didn't have to fight with an autocratic dreamer? Shit would be even worse.

Re:Is this still the Land of the Free ? (4, Insightful)

NoKaOi (1415755) | about 4 months ago | (#47234701)

I sadly can't think of a better alternative, though.

For a start, how about calling "campaign contributions" what they really are, "bribes," and make it illegal.

Re:Is this still the Land of the Free ? (1)

philip.paradis (2580427) | about 4 months ago | (#47234897)

Your suggestion will only result in a cycle of election of candidates who already have ever-increasingly large sums of money to spend on their campaigns. Are you sure you've thought this through?

Re:Is this still the Land of the Free ? (2)

currently_awake (1248758) | about 4 months ago | (#47235005)

I am thinking that rich men don't get rich by spending their own money on stuff if they can avoid it. If you are already rich you don't need to get elected to loot the country.

Re:Is this still the Land of the Free ? (1)

philip.paradis (2580427) | about 4 months ago | (#47235069)

I suggest you take a much closer look at how power is consolidated in politics, and at how many of your elected officials greatly benefit from "career public service" for the duration of their lives (and their children's lives, in many cases). These points aside, you also appear to have a limited understanding of the fundamental desire for power over others; this is a characteristic that is frequently presented as a desire to "help" fellow citizens, when the end results are all too often anything but helpful.

I am certainly not opposed to people achieving great financial success, nor am I claiming that all or even most rich men desire elected office. It must still be noted that elected representatives, especially but certainly not limited to those holding certain federal offices, already heavily tend toward possession of far greater financial resources than the majority of the people they govern. The GGP suggestion that campaign contributions should be made illegal would only serve to further increase that trend, which is an outcome I believe NoKaOi would be unhappy with.

"Boss" Tweed [wikipedia.org] serves as an interesting case study in some of these points. Unfortunately, while the sheer magnitude of his transgressions outstripped those of most of his contemporaries, his behavioral patterns remain disconcertingly common among politicians in the present day. This is an unfortunate side effect of basic human nature having remained wholly unchanged in the interim.

Re:Is this still the Land of the Free ? (1)

Anonymous Coward | about 4 months ago | (#47234407)

Have they been stripped off by the Obama Administration,

No. Rather they've been stripped off by the Obama Administration, the Bush Administration, the Clinton Administration, etc etc.

And we all let it happen. Sometimes we switch it up and vote for "the other guys", only to remember a few years later why that was a bad idea too.

We're not smart enough to vote for anyone but the main two, so on it goes.

Re:Is this still the Land of the Free ? (0)

Anonymous Coward | about 4 months ago | (#47234495)

the Clinton Administration

What did Clinton do to you? Still blame him for the DMCA? Maybe if you actually read the DMCA sometime, you'd know that the Internet is full of pirated movies because the DMCA takedown process provides the very legal loopholes that allow pirate sites to operate. Before the DMCA, pirate sites were shut down and stayed down. After the DMCA, pirate sites follow the takedown process and still stay up.

Re:Is this still the Land of the Free ? (1)

Anonymous Coward | about 4 months ago | (#47234575)

Still blame him for the DMCA?

Yes, a law that allows censorship without so much as a court hearing, and makes it illegal to break most DRM.

Before the DMCA, pirate sites were shut down and stayed down. After the DMCA, pirate sites follow the takedown process and still stay up.

Spurious correlations...

Re:Is this still the Land of the Free ? (0)

Anonymous Coward | about 4 months ago | (#47234951)

It's not a spurious correlation, it's a direct causal relationship. Without the safe harbor provided by the DMCA, pirate sites could be closed down and their owners sued into oblivion. Don't you ever wonder why that doesn't happen all the time? Don't you ever wonder how so many sites continue to operate with impunity? Because the DMCA is the thing that shields sites from liability when users upload infringing content.

You ignorant. But dude, please, continue spouting irrational hate for the DCMA because your "bros" tell you to hate the DMCA.

DMCA Title II, the Online Copyright Infringement Liability Limitation Act [wikipedia.org] creates a conditional safe harbor for online service providers (OSP) (a group which includes internet service providers (ISP)) and other Internet intermediaries by shielding them for their own acts of direct copyright infringement (when they make unauthorized copies) as well as shielding them from potential secondary liability for the infringing acts of others.

Ever seen a parody ? (1)

tquasar (1405457) | about 4 months ago | (#47234533)

According to Aristotle it's OK to do stuff like this. Make a person look like an ass because they do ass-like things in a public place. https://en.wikipedia.org/wiki/... [wikipedia.org] No due process in the streets.

Let's hope its a section 1983 suit (5, Interesting)

dbc (135354) | about 4 months ago | (#47234545)

Section 1983 lawsuits for deprivation of civil rights under color of authority allows piercing the immunity of public officers and going after their personal assets. In this case, the mayor, and any of the police that participated. Their. Personal. Assets. Not the taxpayers.
http://legal-dictionary.thefre... [thefreedictionary.com]

Re:Let's hope its a section 1983 suit (1)

guygo (894298) | about 4 months ago | (#47234811)

wonderful. that would be the only way to stop them, and it is certainly appropriate. and thank you for the education. I had no idea they could lose their OWN shirt. excellent.

section 242: send them to jail (3, Interesting)

raymorris (2726007) | about 3 months ago | (#47235125)

Also section 242 makes it a crime to violate someone's civil rights under color of law, with sentences ranging from one year to the death penalty.

During settlement negotiations, his lawyer could mention that she has an appointment with federal prosecutors to discuss the case. The mayor, judge, and chief of police may sell their houses and cars to pay a settlement which makes the Curtin happy enough that he doesn't feel the need to press for a federal criminal case.

Re:section 242: send them to jail (1)

Anonymous Coward | about 3 months ago | (#47235171)

What warrants the death penalty? Using the color of the law to get someone wrongly executed?

causing death, kidnapping, rape, attempted murder (1)

raymorris (2726007) | about 3 months ago | (#47235919)

Here is the statute. Notice the race stuff is surrounded by the word "or" twice. That has been held to mean it applies if your rights or violated OR if you are punished on the basis of race.

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years , or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Re:section 242: send them to jail (1)

Anonymous Coward | about 3 months ago | (#47235927)

I would guess that if the victim dies while being harassed ("stop resisting! stop resisting!" and dies [policestateusa.com] ).

Left something out (3, Insightful)

PopeRatzo (965947) | about 4 months ago | (#47234609)

Why does the summary not mention the name of the mayor? It's pertinent, no?

Re:Left something out (4, Funny)

Anonymous Coward | about 4 months ago | (#47234793)

the original poster didn't want to be arrested.

Re:Left something out (0)

Anonymous Coward | about 4 months ago | (#47234803)

It's not pertinent to a summary. To the story itself yeah, but in a summary what matters is that he's mayor who abused his authority. Knowing his name doesn't add useful information the way including the town's name does.

Re:Left something out (1)

PopeRatzo (965947) | about 3 months ago | (#47235615)

So the name of the parodist is pertinent but not the name of the more notable person who got parodied?

I don't understand journalism, apparently.

Re:Left something out (0)

Anonymous Coward | about 4 months ago | (#47234953)

For what it's worth, it's Jim Ardis.

The can't you take a joke defense. (0)

Anonymous Coward | about 4 months ago | (#47234635)

The can't you take a joke defense.
It was just a joke. Can't you take a joke.

Re:The can't you take a joke defense. (0)

Anonymous Coward | about 3 months ago | (#47235083)

It wasn't a joke. It was parody. Learn the difference.

May be Even Worse than First Reports (1)

Anonymous Coward | about 4 months ago | (#47234823)

It is starting to look like this wasn't just a case of going after j random twitter user.
Instead, it was probably an attempt to discredit the local newspaper. [vice.com]

I bet he had a bug up his ass about the newspaper for some story they wrote in the past and so he convinced himself that the anonymous twitter user was really this reporter and that if he could expose the guy he would get even with the paper. That would totally explain why he had such an over-the-top reaction to the parody, he was already primed and looking for revenge on the paper and thought this was the ticket.

I hope the loses big time, that kind of vindictiveness does not belong in office.

The right to complain (1)

Anonymous Coward | about 4 months ago | (#47235027)

One of the surest signs of democracy is the open right to complain. Specifically about either elected public officials, public policy, or any business or person that has failed to live up to promises or contracts. The antithesis of this: the surest sign for a non-democracy is the objection to complaints directed towards either elected public officials, public policy, or any business or person that has failed to live up to promises or contracts. Clearly with the arrest of this man for bringing public scorn and criticism to the mayor, this man is not living in a democracy. Perhaps law enforcement where he lives is aping China, or the new government in Iraq. Lock him up and toss the key! Crap on the US constitution! Burn the Magna Carta! It all goes hand in hand with the cops that arrested this guy, and the politician who doesn't understand what democracy is. This *isn't* China. Its *not* an internal matter. Jon Daniel should sue the personal cops who were part of the raid, their boss who ordered them in, and the politician. Their collective houses are now his house, their collective bank accounts are now his bank account. It must be made clear to the politician and the cops that what they did --in a democracy-- is not allowed. Autocratic states can get away with this: 'autocratic' and 'atrocious' go hand to glove.

Will there be an act 2? (1)

Required Snark (1702878) | about 4 months ago | (#47235035)

Given the genius level of legal reasoning in Peoria, I wonder if the defense will try and contact the judge by email and tell them that the city should be protected from financial liability because of taxes.
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