No remedy for terrorist assault using chemical weapons in Iowa?

I was advised it is difficult to hold local government officials compliant to the law. That statement I will never understand. The justice system hold citizens accountable for their illegal acts, but they find it difficult to hold citizens with government titles accountable to the law?

I have recognized for several years that nobody is going to act on my behalf. Someone has the authority and the duty to investigate and prosecute corrupt public officials. Is it that you do not know the name of any Federal authority that is willing to become personally involved in a case of torture committed by government terrorists or is there none that exist?

I can make a statement to the public that I am going to take up arms against my attackers and there still will be no Federal authority who will come after me for threatening the lives of those who have tortured me. You know why? Because at some point someone would have to review my evidence. Someone would have to represent me. Somebody would have to hold accountable, not your run of the mill corrupt public officials, but public officials who without a single doubt participated in the torture of an American civilian in the State of Iowa.

No Federal agency or authority could give two shits about their oath to uphold the Constitution. The only option I have is to serve justice myself. I have been disrespected and treated less than human for to long now. My terrorist have no concern about ever being held accountable because no Federal agent will question the lies they have been told. To be an US citizen today and still have a belief that the cops are honorable, servants of justice you would have to be completely off grid with no access to the news at all. Anyone who would question my credibility over that of the local law enforcement officers simply has not reviewed the evidence. You cannot review the evidence and not recognize the false statements made by these local officials. They implicate themselves on public record, you cannot get more solid evidence than what I have.

I have hard copy evidence that my attackers have lied to the FBI. If the shoe were on the other foot I would be criminally charged with the crime of lying to the FBI. When an AUSA tells me that he has the authority to violate a civil court order, an order that if it had be complied to or enforced when it was issued my suffering would have ended right then and there, he is lying.  That order was ignored and my suffering has only increased. In any other situation ignoring a court order is an act of contempt.

Why am I the only citizen who has ever been a victim of chemical warfare committed by my government for the purpose of eliminating me? There are laws in place to prevent this from happening, those laws have been enforced in every other case. Trespassing is a common criminal charge in Lee County, Iowa. Why was I denied the right to have a trespassing complaint filed against someone the evidence supports is a psychopath?

I guess I will never know. I know that one day I will wake up and the camels back will have broken. I know that I will lose my life defending my honor at this time. I accept that to be my destiny. I will die with dignity. My attackers will burn in hell.

There is someone whose title gives him or her the authority to intervene in cases of willful misconduct and intentional negligence of Federal and State authorities, be them elected or hired. Someone with a name and a phone number. Someone who I believe that, if they had any clue as to the facts of this case instead of the hearsay given to the FBI and AUSA would feel obligated to step up on my behalf. I simply do not have the name of the person who has that obligation. All I have is a blank wall to speak to an nobody has heard me.

I don’t know what else to say. Without the contact information I cannot do anything but invoke my 2nd amendment. I just hope after a tragedy happens you and the few others who have been kind enough to listen to me will insist on a thorough investigation as to why this had to happen. Because it has to happen or I am disrespecting myself. I cannot do that any longer. I wish they would come and get me for threatening someones life, then I would have the opportunity to submit my evidence. That’s why they won’t.

Nobody should be treated less than human. I have been and it has been devastating to be the victim of such evil human beings. My life is natters to those who love me. To be forced to defend myself is going to effect the lives of many people. It can only be saved if the Federal laws are enforced. There is no other way.

Torture is a serious criminal offense. My condition is chronic. There is not a day since spring of 2005 that I have not felt the physical and mental suffering of torture. Who prosecutes acts of torture? That is the person who hold lives in their hands. It cannot be any Federal official from Iowa. I asked for an independent investigation years ago. No response, is like putting a cigarette out on my cheek. Denying me the right to present my case to a grand jury is like putting a cigarette out on my cheek. I can tell you there is no person who has not tried as hard as I have to use the justice system to remedy a situation. It just isn’t going to happen for me.

You have the connections to the connection of the person who can take this case under such special circumstances, I am sure of that. You may not know who, but someone you know does, I bet on that. I am sorry you have not been able to assist me, I am thankful for your ear and respect you have shown me.

  •  The remedy to my situation is simply to have an unbiased investigation and a US attorney who has not worked with the County Sheriff for “years” to review my evidence.
  • For an FBI agent not to recognize that private property rights are Federally protected is completely unacceptable.
  • For the AUSA to advise me that no matter what my evidence proves he will use attorney discretion and not prosecute people who have use torture tactics to eliminate me from my private property is unacceptable.
  • For the FBI agent to give me three different versions of how he submitted my complaint to the AUSA and me not to recognize red flags is an insult to my intelligence regarding his credibility.
  • For the FBI agent to refuse to review my evidence and request me to verbally tell him my story brings his professional ability to be questioned.

Who in the FBI or any law enforcement agency would use hearsay over the documented evidence. A a competent investigation into my allegations of these two Federal officials actions of their willful misconduct and intentional negligence, collusion is what is needed for proper justice being served. The evidence is written and sent to me by them.

A legitimate and competent investigation is what the government needs to provide in the best interest of all citizens. Corruption is thicker than the thieves who stole my private property and health from me. This is in everyone’s best interest, these people are why the citizens have no respect for law enforcement. These people are the cause of mass shooting tragedies. The evidence will prove these two Federal authorities conspired to violate my Federally protected rights.

To find an honest unbiased investigator, is that even possible? I have advised that I would travel to have my evidence reviewed. But I am not going to pretend to be ignorant of what my Federal rights are. If an investigator does not know private property rights are Federally protected he shouldn’t be representing the Federal government. He damn sure shouldn’t be lying to my face as this one did. Had the article not been published in the newspaper recently associating the AUSA with working with the Sheriff for “years” I would have no proof of their relationship. Now I do. My State and Federal rights not being held above the protection of corrupt local government officials is unacceptable.

Where was homeland security when I needed protection from terrorists assaulting me with chemical weapons? Oh that’s right! They were the participating in the ongoing assault. There is no immunity from justice given to any of these domestic terrorists by me. https://poisonedbymyneighborfromhell.com

Dear Senator Grassley

Dear Senator Grassley,

I have been corresponding with your assistant John Kaufman since 2006. He advises me that you are aware of my complaint. John has through the years advised me of several things that did not materialize as he said it would. My complaint is that my local government officials used chemicals unlawfully applied to my private property with intent to cause me serious injury or death. The chemicals were applied by a neighbor who purchased his legally nonconforming lot from the Mayor. He illegally redeveloped the property causing nuisance drainage, loss of value and structural damage to my property. My complaints to the building administrator were ignored. His duty to address my concerns were refused. Instead this neighbor’s brother, a County Detective, with an obvious conflict of interest began acting as a city building authority. This County officer had no authority or jurisdiction to act as any official in this City. The actual building administrator continued issuing this neighbor fraudulent building permits. As expected when this neighbor went to get his redevelopment recorded on the County plat map, it was rejected.

It was at this time he, along with the City officials and the County attorney determined his remedy was to eliminate me. With the addition of my property added with his he would be in compliance with State building code. 

He began applying chemicals to my side of the 300′ common boundary in spring of 2005. I developed a “rash” on my shins at this same time. I had owned my property for ten years, I have never had any type of “rash”, never so much as poison ivy. Through the advice of a dermatologist and the process of elimination it has been determined the “rash” was caused by the chemicals my neighbor had exposed me to. I requested him to stop, asking for an incident report from the police chief. The neighbor would not stop. I received an incident report 16 months after the initial exposure. By this time the “rash” had developed into a severe skin condition. It was unbearable to simple wear clothes. I was completely unable to function from what had become a full body condition of eruptions on my skin. I researched the chemical and it did have a history of being known to cause rashes on peoples skin. In this case I was exposed intentionally by this neighbor in which I had no control. I requested the City and the County attorney file a trespassing complaint against him on my behalf. They refused stating they did not believe in neighbor against neighbor complaints. A double standard as I was criminally charged by the City and the State on fabricated laws and ordinances. This was an attempt to cause me financial harm. The chemicals had already rendered me unable to work. I was an upholsterer. The eruptions constantly caused random bleeding from my hands and arms. If I could have worked I could not afford to get blood stains on clients fabric. I was living on money borrowed from friends. Prior to this chemical exposure I was ready to semi retire. I had excellent credit rating and felt financially stable enough to be more selective in the jobs I accepted. I was referred to an attorney. He was briefed on my case by the person who referred him to me. When we met we both understood that the liable party was the city. It was the city who issued the fraudulent building permits. It was the city who refused to stop the trespassing with chemicals on my private property. It was the Mayor who stated on public record that the builders signature on a building permits alleviates the cities liability. At that time I presented one of the building permits issued by the city to this neighbor with no signature. The mayor had no response. There are many similar incidents where the officials implicate themselves on public record. 

I have never needed an attorney or had any experience in a courtroom. I paid my attorney at our first meeting the amount he needed to file a complaint against the city.  He advised that we would sue both the city and the neighbor, adding that the city is where the money is. I submitted my witness list to him. He was impressed, stating that my witness list is “compelling in itself”, that they are “experts in their own right”. I was naive and actually believed an attorney would always have their clients best interest in mind. I have had a significant reality check since then. My attorney had to have gotten a better financial reward from the opposing party. He never filed the complaint but continued to assure me that he did. I get served papers from this neighbor. He is suing me for “loss of enjoyment of his property”. All along the chemicals have routinely been applied to my property. My attorney still misleading me to believe he had filed the complaint against the city advised we would counter sue the neighbor for nuisance drainage. When I advised him of the severe skin condition the chemicals were causing I assumed he would amend the complaint to include damages I suffered from the chemicals. He did not amend the complaint. At trial he did not question any of my witnesses or submit their written affidavits. He did not submit any of the photo evidence that I had been documenting this entire time. Even with my evidence suppressed the judge cited my right to use my property as I wished. He dismissed both complaints. It was on the last day of this civil trial that I asked my attorney about the case against the city. He snickered and told me that he did not want that case. I did not understand why he would deceive me in this way. I understand now that he was a co conspirator with the opposing party. I did feel a sense of relief knowing that the judge ordered my right to use my property as I wished. That was a false sense of relief. The chemicals continued to be applied to my property without pause. I had lost my eyesight by this time. I could not read or recognize people. Only by their voices could I know who was around me. The vision loss was a result of the massive amounts of steroid injections administered by the ER at the local hospital. The steroids would offer me fifteen minutes of relief, that fifteen minutes helped me want to stay alive and regain my health. During this time I contacted you though John Kaufman. First he gave me specific direction as to where to send my evidence. I recall it was the Davenport office with ATT. Penny. I submitted that large envelope of evidence and never heard another thing about it. Sometime later, in a state of dis pare I contacted you again. I signed another authorization for personal information and was advised that you requested an inquiry on my behalf from the FBI. You advised me that the FBI would contact me. I waited five years, Senator Grassley. No FBI ever contacted me. The chemicals continued in a more aggressive manner as my health deteriorated. I contacted you again. Again you advised me that you would request another inquiry on my behalf. You again advised me that the FBI would contact me. You advised me to “be patient” it “takes time”. Another five years passed and no FBI contacted me. 

One afternoon a County sheriff’s officer who was aware of the situation stopped by my home. He advised me that this neighbor had no intention to stop applying the chemicals to my property. The neighbor had to acquire my property or the court would order him to bring his structures into compliance to State building code, or remove the structures and return the lot to its existing condition. Having no protection of the law I had only two options that would eliminate the chemical exposure. One would be to commit a criminal offense myself or I could flee and seek compensation when and if I regained my health. Staying at my home was certain death. I fled homeless, blind and with a severe full body skin condition. 

I am still waiting for an investigation into my case. I contacted an agent though the County Sheriff. Against my gut knowing he had a conflict of interest with the opposing party. 

The agent took 14 months to come to my home. The purpose was specifically for him to review my evidence. He arrived announcing that he had no intention of reviewing any of my evidence. He advised me to verbally tell him my story. I protested. I attempted to point out the violations of Federal law that have been committed against me. Such as violation of my private property rights. He did not recognize that as a violation of Federal law. In fact he was not interested in what I was telling him. He seemed lethargic. He was steady checking the time on his wrist watch. He gave me 2 1/2 hours to tell him a story that took a student lawyer the better part of three days to review the evidence I have documented in this case. Two hours after this agent left my home I receive in my mailbox a letter from the Washington DC headquarters a letter signed by Deputy assistant director JC Hacker. The letter stated that the agent had determined no violation of Federal law has occurred. This investigation was a fraud. this agent did not interview any of my witnesses, he did not interview my Dr. He did not look through financial records for a payment of a bribe. It is not possible for an agent to send a report to Washington DC, and an assistant director to get a decision back to me in Iowa in a period of two hours. This agent pre determined his decisions based on false information the County Sheriff gave to a third party. Several weeks later I received a letter stating as much of the same.

You advised me to document everything. I did that Senator Grassley, the part that has not been done is a competent authority to review my documented evidence. 

 ​Attached is a heartfelt letter I sent to the FBI Omaha division. Still nobody responded, this was soon after your last request for an inquiry. These actors will not go unpunished. In a case of crimes against humanity and torture there are no Statute of Limitations.  Senator I am giving you this one last opportunity to do your job and follow through on what you have the power to do. 

If I do not get a response in a timely fashion I will accept the fact that you have given your permission to take the law into my own hands and serve justice myself using my 2nd amendment right. I hope that if this letter is intercepted by one of your staff members they personally hand it to you. You can reach me at 319-520-0253. It is unfortunate that I have not been allowed to talk directly with you. You present yourself as a supporter of Constitutional Rights and support whistle blowers. I pray that you do not force me into committing a criminal offense. I have no criminal history. I do have a paper trail of my contact with you that will be exposed after you let choose to allow a tragedy occur.  I would like copies of the FBI reports following up on your requests for the inquiries you requested on my behalf. If there are none then it is clear that no legitimate investigation has been done in this case. I will know when an investigation is being done because I have the evidence supporting my allegations in my possession. Advise the FBI there is no statute of limitation for torture. Advise the FBI that this is a case of cruel and unusual punishment. Advised the FBI that hearsay is not evidence. Advise the FBI and the US Attorney for the Southern District of Iowa that they do not have the authority to violated my Federally protected Constitutional Rights anymore that these local government officials did. Hold them accountable for the crimes against humanity they have committed. Good Day Senator.

sincerely serious,

Melody Boatner. ​​

2-12-2011 MB to FBI Omaha

My Doctor says “I am pioneer of the effects Roundup by Monsanto can cause to the human body after being intentionally exposed to the chemical for over five years on a routine basis.

 

Hard to keep local government officials within the guidelines of Federal law?

I was recently advised of this by an attorney, in fact over these past few years several attorney’s have had similar advice for me.

I have gone to extreme lengths to get the proper authority to review the evidence in my case and to proceed to have justice served.

My case is non typical of any other case in this Nation. The criminal acts committed against me have been intentional. They have been as brutal as a civilian in this Country have ever experienced. The pain and suffering continues to exist from the time my eyes open till the time they go to sleep.

The fact that no Federal authority chooses to prosecute my attackers should not have ever been considered in this case. There are Federal laws on the books that are in place to protect citizens from exactly what has happened to me. These laws are not optional for prosecution. Those who have the duty to investigate and prosecute and have not preformed their duties and just as guilty as the ones who physically attacked my person and property, in my opinion they are more liable. They have provided me with no means of having justice be served. The violations of my State and Federal Rights are not to be violated anymore than those who have attacked me. For any person to be held above the law in serious criminal offenses against another citizen is difficult to understand. I know this neighbor is suffering from psychopathic personality disorder. I know that the other officials were in it for personal financial gain. I know the facts because I was a witness, and I have the documentation supporting my allegations.

To the extent in which I have been violated lets get right to the bare bones. Corrupt local government is a common reality in the entire USA. Generally it does not take the form of intentionally causing physical harm and suffering to an innocent civilian. When Senator Chuck Grassley advised me that he requested an inquiry into my allegations I felt a sense of relief. The Senator has great influence over the Federal Government. He advised me that the FBI would be contacting me. I waited for five years and nobody from the FBI contacted me. I contacted the Senator again, he advised me that he would request a second inquiry on my behalf. He advised me to be patient, it takes time. Another five years pass and nobody from the FBI contacted me.

Have you ever tried to contact the FBI, well don’t waste your time because you are only going to be disrespected and hung up on. You can never get the name of the person you are speaking with and quite frankly the statistics show that they as a whole are incompetent. In my case the same is true. I reached out to an agent through the County Sheriff, I knew he had a conflict of interest, that’s how desperate I was.

During these ten years of waiting for a response from the Senator’s inquiry I continued more advanced degree of suffering. My entire body was reacting to the chemical exposure. I had no choice but to stay at my private property with would have resulted in my death I am sure, or flee to escape the chemicals. I chose the latter believing that at some time I would be compensated for the damages I suffered from the intentional actions of my corrupt local government officials. They terrorized me, I was afraid to go to sleep at night because I knew they were not beyond setting my house on fire with me in it. I know that for a fact. You don’t know that because you have never had the opportunity to read my story.

The Senator still has an obligation to assure my evidence has been properly reviewed, however he has now suggested he can do nothing on my behalf. So to sum up what he did, he requested two inquiries on my behalf. He apparently was never given a follow up report from the FBI disclosing what they discovered in my case. I can tell you what they discovered. They discovered nothing, they have never reviewed the evidence. The agent who I finally got connected with came to my home for the purpose of reviewing my evidence. He arrive announcing that he had no intention of reviewing anything. He later disclosed to me that the County Sheriff had given information (hearsay) to a third party and that is how he determined no Federal law has been violated. I can tell you and most of you know that when it come to telling the truth about any subject a law enforcement officer is the last source you can trust to be honest. I was not privy to the information given to this agent, for the purpose I am sure that I would not have the opportunity to present evidence that he was making false statements. This agent was supposed to be investigating on my behalf. He instead cover up the violations of Federal law committed by corrupt local officials.

Now what options do I have to seek justice in a case that destroyed my life? You know and I know the only resolution I have available for justice to be served. The media has much responsibility for the mass shootings we hear of in today’s world. I can testify that these random shooters are not mentally ill. They have been violated to the degree that they will not allow to be disrespected for one more minute. That is what the media should be reporting before it comes to this extreme.

I have pleaded with the media to publish my story. The local editor has been sent the evidence as it took place by me. He stated that my case looks cut and dry. He is right there is no reasonable justification for the criminal offenses that have been committed against me. But he will not publish my story because he has a good relationship with the County Sheriff and does not want to put that in jeopardy. Should I happen to decide I will not go one more minute being disregarded and disrespected to be a human being I am certain that this local editor will withhold the evidence that has been submitted to him by me.

Protecting corrupt government officials is not in the best interest of them. It takes a tragedy and still they are protected from being exposed as the animals they have become.

The buck stops here. https://poisonedbymyneighborfromhell.com terrorist governments using chemical weapons against civilians happening in the USA today. But don’t tell the general public. Let them put themselves in a life threatening situation, that is in the best interest of all involved, right?

Give me my day in court or an AR-15.

18 U.S. Code CHAPTER 11B—CHEMICAL WEAPONS. FBI SA THOMAS REINWART DETERMINED NO VIOLATION OF FEDERAL LAW HAS OCCURRED

The fact that FBI Agent Reinwart, refused to review my evidence that supports without a doubt my allegations leaves his decision irrelevant. It does not take a graduate of the academy to know that an investigation requires reviewing evidence from both sides of a case. In an email he sent me he admits that he made his decision based on what I verbally told him and what the County Sheriff told a third party. I even submitted evidence that the Sheriff had a conflict of interest with the opposing party. He made his decision based on false statements given by the sheriff. I asked Reinwart to share with me the information the Sheriff had made in his statements. Reinwart refused. Reinwart was supposed to be investigation this case on my behalf. He could not share the false information given by the Sheriff because I have hard copy evidence that would prove the Sheriff was lying. The sheriff knows no facts about this case. Any information he has is based on lies made by the Conlee’s. I can prove multiple counts of perjury made by Conlee in the civil case. AUSA Kevin VanderSchel was lying when he advised me that he had the authority to violate a civil court order. When we have Federal authorities who have no regard to the oath they took to uphold the Constitution its time for the citizens to unite and remove them from their positions. Dirty Rotten Bastards. I have a purpose to speak to the Inspector General. To expose one corrupt government official is small potatoes. I have an entire group of self serving government impostors that need removed from their positions. Hearsay is not evidence. Dirty Rotten Bastards. Private property is never to be taken without just compensation. Reinwart did not possess the knowledge of  any Federal law, who is responsible for putting this incompetent individual in his position? He has shown me that he is not qualified to investigate any case regarding Federal law!

18 U.S. Code § 229.Prohibited activities

(a)Unlawful Conduct.—Except as provided in subsection (b), it shall be unlawful for any person knowingly—

(1)to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; or

(2)to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1).

(b)Exempted Agencies and .—

(1)In general.—

Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon.

(2)Exempted persons.—A person referred to in paragraph (1) is—

(A)any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; or

(B)in an emergency situation, any otherwise non culpable person if the person is attempting to destroy or seize the weapon.

(c)Jurisdiction.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct—

(1)takes place in the United States;

(2)takes place outside of the United States and is committed by a national of the United States;

(3)is committed against a national of the United States while the national is outside the United States; or

(4)is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States.

18 U.S. Code § 229A. Penalties

(a)Criminal Penalties.—

(1)In general.—

Any person who violates section 229 of this title shall be fined under this title, or imprisoned for any term of years, or both.

(2)Death penalty.—

Any person who violates section 229 of this title and by whose action the death of another person is the result shall be punished by death or imprisoned for life.

(b)Civil Penalties.—

(1)In general.—

The Attorney General may bring a civil action in the appropriate United States district court against any person who violates section 229 of this title and, upon proof of such violation by a preponderance of the evidence, such person shall be subject to pay a civil penalty in an amount not to exceed $100,000 for each such violation.

(2)Relation to other proceedings.—

The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.

(c)Reimbursement of Costs.—

The court shall order any person convicted of an offense under subsection (a) to reimburse the United States for any expenses incurred by the United States incident to the seizure, storage, handling, transportation, and destruction or other disposition of any property that was seized in connection with an investigation of the commission of the offense by that person. A person ordered to reimburse the United States for expenses under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered under this subsection to reimburse the United States for the same expenses.

18 U.S. Code § 229B. Criminal forfeitures; destruction of weapons

(a)Property Subject to Criminal Forfeiture.—Any person convicted under section 229A (a) shall forfeit to the United States irrespective of any provision of State law—

(1)any property, real or personal, owned, possessed, or used by a person involved in the offense;

(2)any property constituting, or derived from, and proceeds the person obtained, directly or indirectly, as the result of such violation; and

(3)any of the property used in any manner or part, to commit, or to facilitate the commission of, such violation.

The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to section 229A (a), that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by section 229A (a), a defendant who derived profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds.

(b)Procedures.—

(1)General.—Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by subsections (b) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except that any reference under those subsections to—

(A)this subchapter or subchapter II” shall be deemed to be a reference to section 229A (a); and

(B)subsection (a)” shall be deemed to be a reference to subsection (a) of this section.

(2)Temporary restraining orders.—

(A)In general.—

For the purposes of forfeiture proceedings under this section, a temporary restraining order may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if, in addition to the circumstances described in section 413(e)(2) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2)), the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and exigent circumstances exist that place the life or health of any person in danger.

(B)Warrant of seizure.—

If the court enters a temporary restraining order under this paragraph, it shall also issue a warrant authorizing the seizure of such property.

(C)Applicable procedures.—

The procedures and time limits applicable to temporary restraining orders under section 413(e)(2) and (3) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2) and (3)) shall apply to temporary restraining orders under this paragraph.

(c)Affirmative Defense.—It is an affirmative defense against a forfeiture under subsection (b) that the property—

(1)is for a purpose not prohibited under the Chemical Weapons Convention; and

(2)is of a type and quantity that under the circumstances is consistent with that purpose.

(d)Destruction or Other Disposition.—

The Attorney General shall provide for the destruction or other appropriate disposition of any chemical weapon seized and forfeited pursuant to this section.

(e)Assistance.—

The Attorney General may request the head of any agency of the United States to assist in the handling, storage, transportation, or destruction of property seized under this section.

(f)Owner Liability.—

The owner or possessor of any property seized under this section shall be liable to the United States for any expenses incurred incident to the seizure, including any expenses relating to the handling, storage, transportation, and destruction or other disposition of the seized property.

18 U.S. Code § 229C. Individual self-defense devices

Nothing in this chapter shall be construed to prohibit any individual self-defense device, including those using a pepper spray or chemical mace.

18 U.S. Code § 229D. Injunctions

The United States may obtain in a civil action an injunction against—

(1)the conduct prohibited under section 229 or 229C of this title; or

(2)the preparation or solicitation to engage in conduct prohibited under section 229 or 229D[1] of this title.

18 U.S. Code § 229E. Requests for military assistance to enforce prohibition in certain emergencies

The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10[1]in support of Department of Justice activities relating to the enforcement of section 229 of this title in an emergency situation involving a chemical weapon. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.[1] 

18 U.S. Code § 229F. Definitions

In this chapter:

(1)Chemical weapon.—The term “chemical weapon” means the following, together or separately:

(A)A toxic chemical and its precursors, except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose.

(B)A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device.

(C)Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B).

(2)Chemical weapons ; convention.—

The terms “Chemical Weapons Convention” and “Convention” mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.

(3)Key component of a binary or multicomponent chemical system.—

The term “key component of a binary or multicomponent chemical system” means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.

(4)National of the united states.—

The term “national of the United States” has the same meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(5)Person.—

The term “person”, except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States.

(6)Precursor.—

(A)In general.—

The term “precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.

(B)List of precursors.—

Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.

(7)Purposes not prohibited by this chapter.—The term “purposes not prohibited by this chapter” means the following:

(A)Peaceful purposes.—

Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity.

(B)Protective purposes.—

Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons.

(C)Unrelated military purposes.—

Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm.

(D)Law enforcement purposes.—

Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment.

(8)Toxic chemical.—

(A)In general.—

The term “toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.

(B)List of toxic chemicals.—

Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.

(9)United states.—The term “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including—

(A)any of the places within the provisions of paragraph (41) [1] of section 40102 of title 49, United States Code;

(B)any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (37),1 respectively, of section 40102 of title 49, United States Code; and

(C)any vessel of the United States, as such term is defined in section 70502(b) of title 46, United States Code.

 

TOTAL DEPRIVATION OF RIGHTS Section II

TOTAL DEPRIVATION OF RIGHTS Section II

The phrase, “no one can “be compelled to be a witness against himself,” is in agreement with the Supreme Court ruling in Haynes v. U.S., 390 U.S. 85, 88 S.Ct. 722, wherein the ruling was that to force anyone to register anything is communicative, and such communicative evidence is precluded by the 5th Amendment

So with that in mind, all fiat governmental administrators, police and all associated by interlocking directorates have been given knowledge! You “know, or should have known.” 

Under USC Title 42 §1986: Action for neglect to prevent…, it states: Every person who, having knowledge that any wrongs conspired or to be done… and having power to prevent or aid in preventing… Neglects or refuses so to do … shall be liable to the party injured… and; 

The means of “knowledge”, especially where it consists of public record, is deemed in law to be “knowledge of the facts” that makes the offending, trespassing, pirating “Officer” and all supporting interlocking directorates subsequently liable for all damage and injury. THE WORLD has now been given “knowledge of the facts” as it pertains to this conspiracy to commit a fraud against me.

AT LEAST THIRTEEN (13) TIMES I noticed all Capturing and Offending Parties that I reserved ALL my Rights at all times. I did not, do not, and never have voluntarily agreed to play any game of ‘let’s pretend’ with any Legal Fictional Entity or other governmental agency. I stopped trusting big boys with real guns in 1968 with my Honorable Discharge for US Army. I reiterate, I reserved all my Rights at all times, compromising none, even though that increased my degree of torture within their confines.

“[W]aivers of fundamental Rights must be knowing, intentional, and voluntary acts, done with sufficient awareness of the relevant circumstances and likely consequences. U.S. v. Brady, 397 U.S. 742 at 748 (1970); U.S.v. O’Dell, 160 F.2d 304 (6th Cir. 1947)” . 

Fraud, deceit, coercion, willful intent to injure another, malicious acts, RICO activity and conspiracy were instrumented against Claimant by said Capturing and Offending Pirates Unconscionable “contract “One which no sensible man not under delusion, or duress, or in distress would make, and such as no honest and fair man would accept. ; Franklin Fire Ins. Co. v. Noll, 115 Ind. App. 289, 58 N.E.2d 947, 949, 950. And; 

Under USC Title 42 §1982, §1983 and/or §1441. Property rights of citizens …, further evidences the above position that the City or State cannot take property because they DO NOT have Jurisdiction. It states that federal or state governmental agencies MUST have a monetary or proprietary interest in my private property in order to have jurisdiction over it (my property has no government grant/funding and is not a subsidized government project). 

The State cannot diminish the rights of the people. Hurtado v. California, 110 U.S. 516.

To say that one may not defend his own property is usurpation of power by the legislature.” O’Connell v. Judnich (1925), 71 C.A.386, 235 P. 664.

“The phrase ‘common law’ found in this clause, is used in contradistinction to equity, and admiralty, and maritime jurisprudence.” Parsons v. Bedford, et al, 3 Pet 433, 478-9 “If the common law can try the cause, and give full redress, that alone takes away the admiralty jurisdiction.” Ramsey v. Allegrie, supra, p. 411.Inferior Courts – The term may denote any court subordinate to the chief tribunal in the particular judicial system; but it is commonly used as the designation of a court of special, limited, or statutory jurisdiction, whose record must show the existence and attaching of jurisdiction in any given case, in order to give presumptive validity to its judgment. In re Heard’s Guardianship, 174 Miss. 37, 163, So. 685

 The high Courts have further decreed that Want of Jurisdiction makes “…all acts of judges, magistrates, U.S. Marshals, sheriffs, local police, all void and not just voidable.† Nestor v. Hershey, 425 F2d 504. 

Void Judgment -One which has no legal force or effect, invalidity of which may be asserted by any person whose rights are affected at any time and at any place directly or collaterally. Reynolds v. Volunteer State Life Ins. Co., Tex.Civ.App., 80 S.W.2d 1087, 1092. 

“Whenever a law deprives the owner of the beneficial use and enjoyment of his property, or imposes restraints upon such use and enjoyment that materially affect its value, without legal process or compensation, it deprives him of his property within the meaning of the constitution. … It is not necessary, in order to render the statute obnoxious to the restraints of the constitution, that it must in terms or effect authorize the actual physical taking of the property or the thing itself, so long as it affects its free use and enjoyment, or the power of disposition at the will of the owner.” Forster v. Scott,136 N. Y. 577, [18 L. R. A. 543, 32 N. E. 976]; Monongahela Nav. Co. v. United States, 148 U. S. 312, 336, [37 L. Ed. 463, 13 Sup. Ct. Rep. 622].

 Mr. Lewis in his work on Eminent Domain, third edition, section 11, says: ‘A law which authorizes the taking of private property without compensation, … cannot be considered as due process of law in a free government.’ (Chicago etc, R. R. Co. v. Chicago, 166 U. S. 226, [41 L. Ed. 979, 17 Sup. Ct. Rep. 581].” Associated etc., Co. v. Railroad Commission (1917) 176 Cal. 518, 528-530.

An unconstitutional law is not a law, it confers no rights, imposes no duties, and affords no protection. Norton vs. Shelby County, 118 US 425.

Primacy of position in our state constitution is accorded the Declaration of Rights; thus emphasizing the importance of those basic and inalienable rights of personal liberty and private property which are thereby reserved and guaranteed to the people and protected from arbitrary invasion or impairment from any governmental quarter. The Declaration of Rights constitutes a limitation upon the powers of every department of the state government. State ex rel. Davis v. Stuart. 64 A.L.R. 1307, 97 Fla. 69, 120 So. 335. 

“The rights of the individual are not derived from governmental agencies, municipal, state, or federal, or even from the Constitution. They exist inherently in every man, by endowment of the Creator, and are merely reaffirmed in the Constitution, and restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government. The people’s rights are not derived from the government, but the government’s authority comes from the people. The Constitution but states again these rights already existing, and when legislative encroachment by the nation, state, or municipality invade these original and permanent rights, it is the duty of the courts to so declare, and to afford the necessary relief. City of Dallas, et al. v. Mitchell, 245 S. W. 944, 945-46 (1922). 

A constitution is designated as a supreme enactment, a fundamental act of legislation by the people of the state. A constitution is legislation direct from the people acting in their sovereign capacity, while a statute is legislation from their representatives, subject to limitations prescribed by the superior authority. Ellingham v. Dye, 178 Ind. 336; NE 1; 231 U.S. 250; 58 L. Ed. 206; 34 S. Ct. 92; Sage v. New York, 154 NY 61; 47 NE 1096.

 “Owner has constitutional right to use and enjoyment of his property.” Simpson v. Los Angeles (1935), 4 C.2d 60, 47 P.2d 474

“We find it intolerable that one constitutional right should have to be surrendered in order to assert another”. SIMMONS v US,

 “When rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda vs. Arizona, 384 US 436 p. 491.

 “The claim and exercise of a Constitutional right cannot be converted into a crime.” Miller v. U.S. 230 F 2d 486, 489. History is clear that the first ten amendments to the Constitution were adopted to secure certain common law rights of the people, against invasion by the Federal Government.” Bell v. Hood, 71 F.Supp., 813, 816 (1947) U.S.D.C. — So. Dist. CA. 

Economic necessity cannot justify a disregard of cardinal constitutional guarantee. Riley v. Certer, 165 Okal. 262; 25 P.2d 666; 79 ALR 1018. When any court violates the clean and unambiguous language of the Constitution, a fraud is perpetrated and no one is bound to obey it. (See 16 Ma. Jur. 2d 177, 178) State v. Sutton, 63 Minn. 147, 65 NW 262, 30 L.R.A. 630 Am. 459. 

“The ‘liberty’ guaranteed by the constitution must be interpreted in the light of the common law, the principles and history of which were familiar and known to the framers of the constitution. This liberty denotes the right of the individual to engage in any of the common occupations of life, to locomotion, and generally enjoy those rights long recognized at common law as essential to the orderly pursuit of happiness by free men.” Myer v. Nebraska, 262 U .S. 390, 399; United States v. Kim Ark, 169 U.S. 649, 654.

 “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton vs. Shelby County, 118 US 425 p. 442

 “The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.

 “No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” 16 Am Jur 2nd, Sec 177 late 2d, Sec 256 

All laws which are repugnant to the Constitution are null and void. Chief Justice Marshall, Marbury vs Madison, 5, U.S. (Cranch) 137, 174, 176 (1803).

 “Right of protecting property, declared inalienable by constitution, is not mere right to protect it by individual force, but right to protect it by law of land, and force of body politic.” Billings v. Hall (1857), 7 C. 1.

People are supreme, not the state. Waring vs. the Mayor of Savannah, 60 Georgia at 93 

“The Doctrine of Sovereign Immunity is one of the Common-Law immunities and defenses that are available to the Sovereign…” Citizen of Minnesota. Will v. Michigan Dept. of State Police, (1988) 491 U.S. 58, 105 L.Ed. 2d. 45, 109 S.Ct. 2304.

“The people of the state, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the king by his own prerogative.” Lansing v. Smith, (1829) 4 Wendell 9, (NY). 

“In Land v. Dollar, 338 US 731 (1947), the court noted, that when the government entered into a commercial field of activity, it left immunity behind.† Brady v. Roosevelt, 317 US 575 (1943); FHA v. Burr, 309 US 242 (1940); Kiefer v. RFC, 306 US 381 (1939

 “Ignorance of the law does not excuse misconduct in anyone, least of all in a sworn officer of the law.” In re McCowan (1917), 177 C. 93, 170 P. 1100.

“All are presumed to know the law.” San Francisco Gas Co. v. Brickwedel (1882), 62 C. 641; Dore v. Southern Pacific Co. (1912), 163 C. 182, 124 P. 817; People v. Flanagan (1924), 65 C.A. 268, 223 P. 1014; Lincoln v. Superior Court (1928), 95 C.A. 35, 271 P. 1107; San Francisco Realty Co. v. Linnard (1929), 98 C.A. 33, 276 P. 368.

 “It is one of the fundamental maxims of the common law that ignorance of the law excuses no one.” Daniels v. Dean (1905), 2 C.A. 421, 84 P. 332.

NOTICE OF CLAIMANTS INTENT

 I’VE THROWN MORE LAW INTO THIS DOCUMENT than the offending Libellee(s) have probably read in their lifetime. Forcing a Living Man to “pretend”  he’s a corporation, a trust, a legal entity, or some other “device” is contrary to common sense and True Law. A benefit, no matter how benevolent, cannot be forced upon any Living Man against his will. I exercise my will to inform the entire world that I am not a partaker in the/this/any Babylonian Empirical enterprise that ‘buys and sells men’s souls’ as a common commodity.  My plain statement of intent revolves around the fact that one man’s protest won’t help my fellow man, unless I demand “Enforceability.”  [Pr 29:19 “A servant will not be corrected by words: for though he understands he will not answer.”] And, [Jeremiah 13:22-26. I will discover thy skirts upon thy face, that thy shame may appear] I am openly showing you and the entire world the filth of the “Whore of Babylon”  I am lifting her skirt above her head that all can see the filth of the murders, slavery, torture, extortion and, yes, even PIRATING done by her. There are no ‘innocent by-standers’ in this theatre of Legal Fictional Entities (actors). You are either part of the solution or you are part of the problem. I am exercising one of my greatest Rights, the Right of being left alone, the Right of Privacy, the Right of Peace, which all Libellee(s) have greatly disturbed. 

The ninth (9th) Maxim of Commercial Law states that credibility is measured by the degree of risk one takes. You won’ find much greater risk than I have taken to bring Truth and clarity to this very ugly scenario. 

WHAT IS THE TRUE PURPOSE FOR POLICE ACTION/REVENUE GENERATORS? 

My limited education has informed me that anyone having my signature can use it as they see fit. So, they create new money by sending a “bill,” an instrument which has no charge to it. The bill is like an invoice, which if not rebutted will run like any invoice … 30, 60, 90 days, then it becomes a security which can be levied against. The new money created is MY money which I can prove by either 1099OID or 1099A. 

All vendors, retailers, etc., have the liability (ability to lie) to collect the interest on the national debt, which in essence is what they are doing … but they are not sending that along to the US Treasury and are in reality “pirates” operating on letters of marque and reprisal against the “enemies” of the US, you, me, and the 14th Amendment citizen under TWEA (trading with the enemy act) … BUT THEY ARE NOT PAYING THE TAX MEANING THAT THE MONEY CREATED IS “UNREPORTED INCOME” …hence the OID or A and resulting 1040 claim on interest back to principal – ME. 

When you do a full AFV (Acceptance For Value by a Private Bank/Banker) and state on the AFV “bill” to Deposit to the US Treasury and Charge the same to your corporate, Legal Fictional Entity (strawman), or to the vendor itself, it is a chargeback to the collector of the national debt, the US Treasury (you could do a chargeback to any other source … like to the Republic … if you so choose). The newly created money then is taken from the pirate for failure to ‘state a claim upon which relief can be granted (Rule 12 b 6)’ and either charged back for the use of the Republic or charged back where ever you send it. [Read: EXHIBIT  THERE IS NO MONEY] The client (vendor/presenter/seller/clerks/police “ticket†) account(s) is/are not entitled to the funds because of failure to pay the tax. The new bill is always ‘new’ money (which increases the National Debt with every issue) as they got paid when we put our signature on the original application for “credit”. The presenter (police/ticket) is always trying to avoid liability on the return of the tax to US Treasury by doing a ‘pass over’ from the application/ Bill directly to the bond of the strawman and getting you/me to become liable (30,60,90 days) … so now the presenter is trying to pirate from the US Treasury and make you liable for the payment of the tax bill — which we do when we take the Bill and AFV and deposit to the US Treasury and charge it back to either the presenter or our strawman (they are actually the same entity … all corporations o the US).     

The Treasury can’t ‘cut them a check’, but actually ‘charge’ them for the money on the presentment which is essence should have been forwarded to Treasury on the national debt!!! THEY ARE IN DISHONOR AND WILL BE LIQUIDATED UNDER THE DOCTRINE OF THE CHAPTER 11 BANKRUPTCY OF THE US! Vendors or presenters already have the benefit privilege of discharge when issued a TIN, and trying an end run with a ‘bill’ is thievery under public policy. They are not entitled to “new” money as this is a felony called unjust enrichment. One easy way to prove the felony is the 1099A, and under 18 USC 4 — misprision of felony, the IRS has to prosecute. The presenter has no rights in the matter for failure to state a claim and pay the tax … it is all NEW MONEY!!! And, every action performed raises the National Debt by that much. These are Dark Matters.

 

Correspondence with Charles Grassley’s assistant. Why did the FBI not contact me eight years ago when I first submitted the evidence, with special instruction to send the evidence to “Penny”. The FBI did not follow procedure for an inquiry from a US Senator. The issue still stands and needs to be addressed. I am not the negligent party. This was the second authorization to release information!

Melody,

Just to be clear, Senator Grassley is only able to work with government agencies to solve a person’s issue. So in your case, you talked about how people were trying to destroy your property. We can look into that issue. What we can’t do is be involved in court matters or personal issues that you are having with local officials. It is unlawful for us to inject ourselves into those matters.

I understand how concerned you are with the alleged attempts to harm your property so if you could provide a clear statement on the facts you have with this issue, I would advise that.

I hope that this explanation helps.

Thank you,

John Kaufmann

Constituent Services Specialist

U.S. Senator Chuck Grassley

201 W. 2nd Street, Suite 720

Davenport, IA 52801

563.322.4331

563.322.8552(fax)

john_kaufmann@grassley.senate.gov

From: songboat [mailto:songboat@gmail.com]
Sent: Wednesday, September 16, 2015 3:43 PM
To: Kaufmann, John (Grassley) <John_Kaufmann@grassley.senate.gov>
Subject: Re: Public Corruption

I need some assistance in writing this complaint. I have researched and The FBI gets hundreds of Public Corruption complaints and one a handful get investigated. I have been victimized by my local government officials in an unprecedented manner. Unprecedented meaning I have no documents to use as an example or reference to use as an example document. I have found suggestions of how to write a complaint all over the internet. Some say include every detail, some say write a brief summary. I can tell you that it is not possible to write a “brief” summary as my case is ongoing for over 5 years. There were unprecedented turn over in the Mayor, City Council and law enforcement during this time. For example there were 4 different Mayors in 5 years.  The initial instigators Mayor Dinwiddie, Lee County Detective Bob Conlee, and the man who physically carried out the terrorist attack on me, Mark Conlee defamed my character to all colleagues and the general public stating that I was “crazy” and kept me oppressed from speaking at the council meetings the officials that followed behind them just followed up with the same behavior. I was never given the opportunity to present evidence that supports what I claim.  I contacted Lee County Attorney multiple times in reference to the unlawful application of toxic chemicals to my property after Mark Conlee violated the civil court order. Mr. Short told me sarcastically to take him to contempt court. I am well aware the County Attorney is the only authority to file criminal charges against a citizen. I was denied my right to file a trespassing complaint against Mark Conlee for continuing to ally toxic chemicals to my property. Mr. Short told me I was having an allergic reaction. Can you tell me what that has to do with the criminal act trespassing? I contacted Mr. Short and presented him with the undeniable evidence that City of Montrose clerk Celeste Cirinna had committed multiple counts of document fraud. In response he stated “I (he) will decide who gets prosecuted in Lee County. I then received a summons to court State vs. Boatner the citation stated as follows, Mark Conlee says Melody Boatner drive by his house real slow and gave him the finger. Mr. Kaufmann it is not against the law to give someone the finger. A week later a second complaint was filed against me. This complaint was worded exactly the same with the addition of Mark is tired of Boatner continuously giving him the finger. This complaint was for harassment, hence the added term  “continuously”. The second complaint was investigated by Lee County Deputy Dave Hunold. Mr. Short requested Officer Hunold due to a possible “conflict of interest”. When Officer Hunold arrived at my home he came in and we sat down and I took the opportunity to present the Civil Court ruling  citing “Boatner has the right to enjoy her own property”. Officer Hunold stood to leave and I told him I wanted to file a trespassing complaint against Mark Conlee for continuing to apply toxic chemicals to my property. Officer Hunold’s response was Round-up is not dangerous and the Civil Court Ruling did not specify Mark Conlee not to unlawfully apply chemicals to my property, only that I had the Right to Enjoy my Property. His final statement was that he was only at my house to investigate me giving Mark Conlee the finger.

Mr. Kaufmann I suffer every minute of every day from the brutal attack against me. I lost my home my business and my life that I worked so hard to pay off and enjoy. I cannot let this go. I was physically unable to defend myself. I went blind do to this and only got my vision restored with surgery in 2012. There is no doubt in my mind that this man was intent on getting my property at the cost of my life and the public officials were going to allow it to happen. If you have a doubt about my allegations now, let me assure you, reviewing the evidence I documented over the years to date you will have no doubt. I believe these are special circumstances and I am requesting assistance in filing a complaint that is unprecedented.

sincerely,

On Tue, Jul 7, 2015 at 10:33 AM, Kaufmann, John (Grassley) <John_Kaufmann@grassley.senate.gov> wrote:

Hi Melody,

I am following up from your message sent regarding the violation of your rights. What is a good time/day to call you?

Thank you,

John Kaufmann

Constituent Services Specialist

U.S. Senator Chuck Grassley

201 W. 2nd Street, Suite 720

Davenport, IA 52801

563.322.4331

563.322.8552(fax)

john_kaufmann@grassley.senate.gov

From: songboat [mailto:songboat@gmail.com]
Sent: Tuesday, July 14, 2015 4:24 PM
To: Kaufmann, John (Grassley)
Subject: Re: Follow Up

John,

You mentioned that you had my emails from 8 years ago. Do you happen to have the documents I sent to Penny at that time? I sent her much of the information then as well as the authorization to release personal information. Can I scan and email you the release you sent me in the mail? It will be some time before I can get all this info in the style of a complaint. As I mentioned earlier this is documentation for over 7 years. Any referrals to where I might get some assistance in drafting a complaint? I assume you do want it in that format, as I do not imagine you want to mess with anything other than passing it on to the proper authorities. Can you use the evidence I have already put online? if so I will go ahead and send you back the authorization to release.

sincerely,

Melody Boatner

Keokuk, Ia

On Tue, Jul 14, 2015 at 4:34 PM, Kaufmann, John (Grassley) <John_Kaufmann@grassley.senate.gov> wrote:

Melody,

I don’t have the documents. After a period of time, (I think it is 2 years but don’t hold me to it) the files leave this office and are sent to the records center. This is a secure place, just for your information. Getting them back is extremely difficult so if you could send me what you think is important, that would be great.

Thanks,

John Kaufmann

Constituent Services Specialist

U.S. Senator Chuck Grassley

201 W. 2nd Street, Suite 720

Davenport, IA 52801

563.322.4331

563.322.8552(fax)

john_kaufmann@grassley.senate.gov

From: songboat [mailto:songboat@gmail.com]
Sent: Tuesday, July 14, 2015 4:37 PM
To: Kaufmann, John (Grassley) <John_Kaufmann@grassley.senate.gov>
Subject: Re: Follow Up

sure no problem, just making sure. Can I use email or you use the online documents for your submission?

I just don’t have printer ink and such

 

So how many citizens have been eliminated from their private property by local government officials using glyphosate as a weapon, unlawfully applied to your property?

Let me tell you how many. NONE. So this FBI agent refused to review my evidence, never checked financial record to see if a bribe has been paid. I believe an investigation into the financial records would show a bribe being taken in the amount of $4000.00. The Assistant US Attorney advised me that no matter what the evidence proves he will use attorney discretion and not prosecute corrupt local officials who used chemical weapons to eliminate me from my private property. He also advised that unless this trespasser states that he intentionally used chemicals to harm me, he would not prosecute. The evidence shows he admits that he applied chemicals to my property, in violation of a civil court order and the medical records show the chemicals caused me serious injury. Who in the hell do they think they are to have the authority to violate a civil court order. Who the hell do they think they are to violate my Constitutional right to private property. Senator Grassley has been advising me since 2007 to be patient, the FBI would contact me, he said. It takes time. Senator Grassley did this over a period of ten years. Clearly if he would not have assured me that there would be a competent investigation I would have found other sources. Senator Grassley don’t be telling your constituents that you can assist with authorities representing Federal law because in this case you have only clearly misunderstood the significance of this violation of Constitutionally guaranteed right to enjoy private property. Somebody needs to pay attention because if you think that I am willing to take this on the chin you better think again. I don’t calm down with everyday that passes, I get more angry. I am pissed off why would you assume my evidence does not fall within the guidelines for public corruption. John Kaufman continued to advise me that you are not an attorney. Well this is so simple to recognize as being a terrorist act that you do not need to be a damn attorney. What happened to the evidence I sent per your special instructions to Penny. Had you of acted on that at that time I would still have my home, business and property. I have asked John multiple times. He simply says that would be to difficult to access. Well this is my life and I believe my freedoms are equally important as you all do. Do not ignore me Senator Grassley I will am not going anywhere until I am confident that you know the facts of this case. You should just go ahead and contact me now so we can get on with this. If not you will succumb to bad karma spirits. You can’t treat a human being like this government, your government has done to me. It is a violation of international law. It is a  crime against humanity. You were on that committee when this began and you don’t know what laws you were representing? The actions against me can be considered nothing less that war crimes. Everyone of you took an oath to uphold the Constitution. Everyone of you recognize that using chemical weapons is a war crime. Everyone of you that turn a blind eye instead of looking into my allegations are guilty of committing war crimes. And you have no compassion for committing these crimes against a fellow American? And the victim is what we are seeing as becoming the typical person attacked being a single middle aged female. You would not commit these acts against a man because a man would defend his property by taking up arms. I would have if you would not have continued to assure me that the FBI would investigate. You find me one other case with these circumstances, a person’s private property is taken control of by a neighbor using chemicals as a weapon with intent to eliminate that person. You find a case and I will go away. You will not find a case with these circumstances because every reasonable person knows it is illegal to trespass on the private property of another. Why was I denied filing a trespassing complaint. I have a list of these charges in this county but I was denied by the city and county attorney. Bullshit. You have to attack a single middle aged woman that has more dignity in her little finger that you have in your entire corrupt bodies. Get freshened up on your hate crimes because I can feel any compassion I have had for fellow man has dissipated. https://www.youtube.com/watch?v=4FkbzNnnPg4

Ignorance of the Law is no excuse. Intentional serious injury at the hands of my government officials. What is your intent?

Well I can testify that the chronic skin condition resulting from intentional exposure to glyphosate for an extended period of time is once again seriously severe. I have never been prescribed a higher dose of methotrexate and had the condition to become increasingly severe. I am at the point now that it is unbearable to wear shoes. This pain and severe itching is 24/7. To know that an FBI agent claims to have done and investigation and has found no violation of Federal law based of hearsay stated by the County sheriff to a third party is about to piss me off more than I have ever been pissed on. SA Thomas Reinwart has proven to be incompetent and not qualified to investigate my case. He does not have the knowledge that every reasonable American takes for granted. He does not know that private property rights are Federally protected. His ignorance has proven he had no business being involved in my case that encompassed in violations of Federal laws. His ignorance and incompetence is going to have significant effects to the outcome of this case. Who to whom it may concern that has a connection be it by a third party or via any damn way, needs to extend this message to a high authority. FBI Agent Calvin Shivers signed the most recent letter stating that they have determined no violation of Federal law has occurred, he has completely avoided any contact with me. Tell him he is participating in a crime that is causing serious physical injury to an American citizen. He is knowingly refusing to protect me from harm based on fabricated information. He being the most recent signator of a letter that further violates my individual rights. Has made the choice to protect the blue wall of silence. Do not send any law enforcement to my home, inquiring as to whether I have threatened anyone. Send them to those who have repeatedly attempted to murder me using chemical weapons. It’s in everyone’s best interest. Get these maniacs that have proven to be a danger to society off the streets before they do kill an innocent human being!

Dead End

Typical hard evidence the County Attorney used to file criminal charges against me.

Where is this law written, this is the second complaint filed against me. Exactly the same complaint except this one is trumped-up by adding “continually” and “She won’t stop”. Specifically a trait named by Dr. Hare. In his list of personality traits it says the psychopath will turn a situation around so that he is the victim. Conlee would not stop applying chemicals to my property. The fact that there is no law against giving someone the finger supports the Police Chief and the County Attorney are conspiring with Conlee to acquire my property.

6-26-2007 State vs Boatner, second Complaint on Conlees behalf .jpg

Iowa Code: You must have an ethical County Attorney and Sheriff to prosecute for violations of these codes.

In this case the County Attorney could not be more involved with enabling violations of these codes. He recently retired. I pray that the new County Attorney stands beh

Iowa Code

703.4 Responsibility of employers. An employer or an employer’s agent, officer, director, or employee who supervises or directs the work of other employees, is guilty of the same public offense committed by an employee acting under the employer’s control, supervision, or direction in any of the following cases:1.  The person has directed the employee to commit a public offense.2.  The person knowingly permits an employee to commit a public offense, under circumstances in which the employer expects to benefit from the illegal activity of the employee.3.  The person assigns the employee some duty or duties which the person knows cannot be accomplished, or are not likely to be accomplished, unless the employee commits a public offense, provided that the offense committed by the employee is one which the employer can reasonably anticipate will follow from this assignment.[C79, 81, §703.4]

703.1 Aiding and abetting. All persons concerned in the commission of a public offense, whether they directly commit the act constituting the offense or aid and abet its commission, shall be charged, tried and punished as principals. The guilt of a person who aids and abets the commission of a crime must be determined upon the facts which show the part the person had in it, and does not depend upon the degree of another person’s guilt.[C51, §2928; R60, §4668; C73, §4314; C97, §5299; C24, 27, 31, 35, 39, §12895; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §688.1; C79, 81, §703.1]

703.2 Joint criminal conduct. When two or more persons, acting in concert, knowingly participate in a public offense, each is responsible for the acts of the other done in furtherance of the commission of the offense or escape there from, and each person’s guilt will be the same as that of the person so acting, unless the act was one which the person could not reasonably expect to be done in the furtherance of the commission of the offense.[C79, 81, §703.2]Referred to in 717A.3A

703.3 Accessory after the fact. Any person having knowledge that a public offense has been committed and that a certain person committed it, and who does not stand in the relation of husband or wife to the person who committed the offense, who harbors, aids or conceals the person who committed the offense, with the intent to prevent the apprehension of the person who committed the offense, commits an aggravated misdemeanor if the public offense committed was a felony, or commits a simple misdemeanor if the public offense was a misdemeanor.[C51, §2929; R60, §4669; C73, §4315; C97, §5300; C24, 27, 31, 35, 39, §12896; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §688.2; C79, 81, §703.3; 1981 Acts, ch 204, §1]Referred to in 717A.3A

703.4 Responsibility of employers. An employer or an employer’s agent, officer, director, or employee who supervises or directs the work of other employees, is guilty of the same public offense committed by an employee acting under the employer’s control, supervision, or direction in any of the following cases:1.  The person has directed the employee to commit a public offense.2.  The person knowingly permits an employee to commit a public offense, under circumstances in which the employer expects to benefit from the illegal activity of the employee.3.  The person assigns the employee some duty or duties which the person knows cannot 703.5Liability of corporations, partnerships and voluntary associations.1.  A public or private corporation, partnership, or other voluntary association shall have the same level of culpability as an individual committing the crime when any of the following is true:a.  The conduct constituting the offense consists of an omission to discharge a specific duty or an affirmative performance imposed on the accused by law.b.  The conduct or act constituting the offense is committed by an agent, officer, director, or employee of the accused while acting within the scope of the authority of the agent, officer, director or employee and in behalf of the accused and when said act or conduct is authorized, requested, or tolerated by the board of directors or by a high managerial agent.2.  “High managerial agent” means an officer of the corporation, partner, or other agent in a position of comparable authority with respect to the formulation of policy or the supervision in a managerial capacity of subordinate employees.[C79, 81, §703.5]2013 Acts, ch 30, §261be accomplished, or are not likely to be accomplished, unless the employee commits a public offense, provided that the offense committed by the employee is one which the employer can reasonably anticipate will follow from this assignment.[C79, 81, §703.4]

704.4 Defense of property. A person is justified in the use of reasonable force to prevent or terminate criminal interference with the person’s possession or other right in property. Nothing in this section authorizes the use of any spring gun or trap which is left unattended and unsupervised and which is placed for the purpose of preventing or terminating criminal interference with the possession of or other right in property.[C51, §2774; R60, §4443; C73, §4113; C97, §5103; C24, 27, 31, 35, 39, §12922; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §691.2(2); C79, 81, §704.4]

706.1 Conspiracy.1.  A person commits conspiracy with another if, with the intent to promote or facilitate the commission of a crime which is an aggravated misdemeanor or felony, the person does either of the following: a.  Agrees with another that they or one or more of them will engage in conduct constituting the crime or an attempt or solicitation to commit the crime’s.  Agrees to aid another in the planning or commission of the crime or of an attempt or solicitation to commit the crime.2.  It is not necessary for the conspirator to know the identity of each and every conspirator.3.  A person shall not be convicted of conspiracy unless it is alleged and proven that at least one conspirator committed an overt act evidencing a design to accomplish the purpose of the conspiracy by criminal means.4.  A person shall not be convicted of conspiracy if the only other person or persons involved in the conspiracy were acting at the behest of or as agents of a law enforcement agency in an investigation of the criminal activity alleged at the time of the formation of the conspiracy.[C51, §2758, 2996; R60, §4408, 4790; C73, §4087, 4425; C97, §5059, 5490; C24, 27, 31, 35, 39, §13162, 13902; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §719.1, 782.6; C79, 81, §706.1]1987 Acts, ch 129, §1

706.2 Locus of conspiracy. A person commits a conspiracy in any county where the person is physically present when the person makes such agreement or combination, and in any county where the person with whom the person makes such agreement or combination is physically present at such time, whether or not any of the other conspirators are also present in that county or in this state, and in any county in which any criminal act is done by any person pursuant to the conspiracy, whether or not the person is or has ever been present in such county; provided, that a person may not be prosecuted more than once for a conspiracy based on the same agreement or combination.[C79, 81, §706.2]

706A.2 Violations.1.Specified unlawful activity influenced enterprises. a.  It is unlawful for any person who has knowingly received any proceeds of specified unlawful activity to use or invest, directly or indirectly, any part of such proceeds in the acquisition of any interest in any enterprise or any real property, or in the establishment or operation of any enterprise .b.  It is unlawful for any person to knowingly acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property through specified unlawful activity .c.  It is unlawful for any person to knowingly conduct the affairs of any enterprise through specified unlawful activity or to knowingly participate, directly or indirectly, in any enterprise that the person knows is being conducted through specified unlawful activity .d.  It is unlawful for any person to conspire or attempt to violate or to solicit or facilitate the violations of the provisions of paragraph “a”, “b”, or “c”.2.Facilitation of a criminal network. It is unlawful for a person acting with knowledge of the financial goals and criminal objectives of a criminal network to knowingly facilitate criminal objectives of the network by doing any of the following: a.  Engaging in violence or intimidation or inciting or inducing another to engage in violence or intimidation .b.  Inducing or attempting to induce a person believed to have been called or who may be called as a witness to unlawfully withhold any testimony, testify falsely, or absent themselves from any official proceeding to which the potential witness has been legally summoned. c.  Attempting by means of bribery, misrepresentation, intimidation, or force to obstruct, delay, or prevent the communication of information or testimony relating to a violation of any criminal statute to a peace officer, magistrate, prosecutor, grand jury, or petit jury. d.  Injuring or damaging another person’s body or property because that person or any other person gave information or testimony to a peace officer, magistrate, prosecutor, or grand jury. e.  Attempting to suppress by an act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution, or conviction of any person. f.  Making any property available to a member of the criminal network. g.  Making any service other than legal services available to a member of the criminal network. h.  Inducing or committing any act or omission by a public servant in violation of the public servant’s official duty. i.  Obtaining any benefit for a member of a criminal network by means of false or fraudulent pretenses, representation, promises, or material omissions. j.  Making a false sworn statement regarding a material issue, believing it to be false, or making any statement, believing it to be false, regarding a material issue to a public servant in connection with an application for any benefit, privilege, or license, or in connection with any official investigation or proceeding.

706A.2 Violations.1.Specified unlawful activity influenced enterprises. a.  It is unlawful for any person who has knowingly received any proceeds of specified unlawful activity to use or invest, directly or indirectly, any part of such proceeds in the acquisition of any interest in any enterprise or any real property, or in the establishment or operation of any enterprise. b.  It is unlawful for any person to knowingly acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property through specified unlawful activity. c.  It is unlawful for any person to knowingly conduct the affairs of any enterprise through specified unlawful activity or to knowingly participate, directly or indirectly, in any enterprise that the person knows is being conducted through specified unlawful activity. d.  It is unlawful for any person to conspire or attempt to violate or to solicit or facilitate the violations of the provisions of paragraph “a”, “b”, or “c”.2.Facilitation of a criminal network. It is unlawful for a person acting with knowledge of the financial goals and criminal objectives of a criminal network to knowingly facilitate criminal objectives of the network by doing any of the following: a.  Engaging in violence or intimidation or inciting or inducing another to engage in violence or intimidation. b.  Inducing or attempting to induce a person believed to have been called or who may be called as a witness to unlawfully withhold any testimony, testify falsely, or absent themselves from any official proceeding to which the potential witness has been legally summoned. c.  Attempting by means of bribery, misrepresentation, intimidation, or force to obstruct, delay, or prevent the communication of information or testimony relating to a violation of any criminal statute to a peace officer, magistrate, prosecutor, grand jury, or petit jury. d.  Injuring or damaging another person’s body or property because that person or any other person gave information or testimony to a peace officer, magistrate, prosecutor, or grand jury. e.  Attempting to suppress by an act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution, or conviction of any person. f.  Making any property available to a member of the criminal network. g.  Making any service other than legal services available to a member of the criminal network. h.  Inducing or committing any act or omission by a public servant in violation of the public servant’s official duty. i.  Obtaining any benefit for a member of a criminal network by means of false or fraudulent pretenses, representation, promises, or material omissions. j.  Making a false sworn statement regarding a material issue, believing it to be false, or making any statement, believing it to be false, regarding a material issue to a public servant in connection with an application for any benefit, privilege, or license, or in connection with any official investigation or proceeding.3.Money laundering. It is unlawful for a person to commit money laundering in violation of chapter 706B.4.Acts of specified unlawful activity. It is unlawful for a person to commit specified unlawful activity as defined in section 706A.1.5.Negligent empowerment of specified unlawful activity. a.  It is unlawful for a person to negligently allow property owned or controlled by the person or services provided by the person, other than legal services, to be used to facilitate specified unlawful activity, whether by entrustment, loan, rent, lease, bailment, or otherwise. b.  Damages for negligent empowerment of specified unlawful activity shall include all reasonably foreseeable damages proximately caused by the specified unlawful activity, including, in a case brought or intervened in by the state, the costs of investigation and criminal and civil litigation of the specified unlawful activity incurred by the government for the prosecution and defense of any person involved in the specified unlawful activity, and the imprisonment, probation, parole, or other expense reasonably necessary to detain, punish, and rehabilitate any person found guilty of the specified unlawful activity, except for the following: (1)  If the person empowering the specified unlawful activity acted only negligently and was without knowledge of the nature of the activity and could not reasonably have known of the unlawful nature of the activity or that it was likely to occur, damages shall be limited to the greater of the following: (a)  The cost of the investigation and litigation of the person’s own conduct plus the value of the property or service involved as of the time of its use to facilitate the specified unlawful activity. (b)  All reasonably foreseeable damages to any person, except any person responsible for the specified unlawful activity, and to the general economy and welfare of the state proximately caused by the person’s own conduct. (2)  If the property facilitating the specified unlawful activity was taken from the possession or control of the person without that person’s knowledge and against that person’s will in violation of the criminal law, damages shall be limited to reasonably foreseeable damages to any person, except persons responsible for the taking or the specified unlawful activity, and to the general economy and welfare of the state proximately caused by the person’s negligence, if any, in failing to prevent its taking. (3)  If the person was aware of the possibility that the property or service would be used to facilitate some form of specified unlawful activity and acted to prevent the unlawful use, damages shall be limited to reasonably foreseeable damages to any person, except any person responsible for the specified unlawful activity, and to the general economy and welfare of the state proximately caused by the person’s failure, if any, to act reasonably to prevent the unlawful use. (4)  The plaintiff shall carry the burden of proof by a preponderance of the evidence that the specified unlawful activity occurred and was facilitated by the property or services. The defendant shall have the burden of proof by a preponderance of the evidence as to circumstances constituting lack of negligence and on the limitations on damages in this subsection.1996 Acts, ch 1133, §27; 1998 Acts, ch 1074, §33Referred to in 706A.3, 706A.4

708.4 Willful injury. Any person who does an act which is not justified and which is intended to cause serious injury to another commits willful injury, which is punishable as follows:1.  A class “C” felony, if the person causes serious injury to another.2.  A class “D” felony, if the person causes bodily injury to another.[C51, §2577, 2594; R60, §4200, 4217; C73, §3857, 3875; C97, §4752, 4771, 4797; S13, §4771; C24, 27, 31, 35, 39, §12928, 12934, 12962; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §693.1, 694.6, 697.2; C79, 81, §708.4]99 Acts, ch 65, §5, 2013 Acts, ch 90, §184 Referred to in 80A.4, 702.11

The Law of Nonconforming Uses

via The Law of Nonconforming Uses

 

 

in the circled area Value is handwritten $40,880 Fee $ is blank. The issue date at the top is 7-12-2004. Complainant had only noticed that this permit was invalid due to no Builders signature. Clearly Building Administrator Holland was intentionally negligent at least for his lack of oversight and pre-approval of issuance of this permit

0005Celeste Cirinna, City of Montrose Exec Manager.pptx

Original building permit altered to conflict with the information contained in the letter written by Lee County Extension Agent Bob Dodds.

Please Explain what about this is not a violation of my Federally protected private property rights?

What about this situation am I not understanding? I get no response from those who are supposedly experts in this field. This is one example of many that I understand clearly to be a violation of Federal Law.

 In my mind is a not questionable. Why am I mistaken in my conclusion?  Include references please as the local law enforcement have been far less that honest in anyway in their involvement.
So my neighbor was putting chemicals on my property for an extended period of time, right?
That act is described as trespassing, right?
I requested an incident report stating that I had verbally told the neighbor to cease and desist the the day I noticed the chemicals from the Police chief, right?
The police chief did not act in a timely manner, 16 months is not acceptable by any reasonable person to receive a request for a document, right?
The neighbor in the mean time sued me because I installed a privacy curtain, claiming loss of enjoyment of his property, right?
The civil court dismissed his case citing my right to enjoy my property, right?
The neighbor violated that court order without missing a beat, right?
I notified in person the county attorney that I wanted to file a complaint against this neighbor/council member and the city clerk bringing with me the evidence that proves my allegations, right?
I was denied filing a complaint against this neighbor by the police chief and the county attorney, right?
The right to enjoy property is a Federal law, right?
​    ​       A criminal conspiracy exists when two or more people
agree to commit almost any unlawful act then take some action toward its completion. The action taken need not itself be a crime, but it must indicate that those  involved in the conspiracy knew of the plan and intended to break the law. One person may be charged with and convicted of both conspiracy and the underlying crime based on the same circumstances.–
 For example, Andy, Dan, and Alice plan a bank robbery. They 1) visit the bank first to assess security, 2) pool their money and buy a gun together, and 3) write a demand letter.  All three can be charged with conspiracy to commit robbery, regardless of whether the robbery itself is actually attempted or completed.
The “Agreement” Requirement

You might be wondering how exactly the agreement between two co-conspirators actually takes place. First, the agreement does not need to be expressly conveyed. For instance, in the above example,Andy isn’t required to tell Dan and Alice in unequivocal terms,”I agree to commit a conspiracy with you,” (although, that statement would surely be a prosecutor’s dream and strong evidence​ of a criminal conspiracy). Instead, the agreement may be implicit or shown by the action of “two or more guilty minds,” as required  under common law. Examples of evidence of an implicit agreement can include the appearance of the co- defendants at transactions and negotiations in furtherance of the conspiracy such as a planning meeting It is important to note that courts have found that mere presence or association with those committing a crime doesn’t, by itself, make someone a co-conspirator unless there are other factors that collectively point to an implicit agreement.

The Element of “Intent”
As with other specific intent crimes, your intention means everything. But that’s not the only intent the court will care about. Not only does one other individual in the conspiracy need to intend to agree, all parties​ mus​t ​intend to achieve the outcome. Simply put, knowledge of a crime isn’t enough to get you thrown behind bars. For instance, just because your friend tells you he is going to burglarize a house, doesn’t mean you are part of the conspiracy to burglarize it. Not unless you also agree to help by acting as a getaway car or helping him scope out the property ahead of time.

Penalties

A conspiracy conviction can yield some pretty tough penalties depending on the underlying crime. You can be punished for both the conspiracy and the actual crime itself if, it were completed. For example, if you are charged and convicted of conspiracy to commit robbery and the actual crime of robbery, you may have to suffer the consequences of both. Additionally, in some cases if you are convicted of a conspiracy to commit a felony, you may have to serve a mandatory minimum sentence.

​So what is different about my evidence that is would not be considered a criminal conspiracy between the neighbor and the Police Chief, and the neighbor and the County Attorney? I see just this part of the attack against me as a conspiracy against my rights.

​ ​
And​ since it was committed by officers of the law, why would this not be considered Deprivation of rights under color of law

Thoughts please.​

crime (krim) n. ca.1920. An unethical or immoral act against fellow man.

9-5-2017 To whom it may concern,

To whom it may concern,                        9-5-2017

I have a case of conspiracy deprivation of rights under color of law, terrorist’s acts with intent to cause me serious injury ​or death. Contrary to the advice of a local FBI agent that my case is civil. All actions against me are criminal not civil. I believe bribes have been taken by several of the local government officials involved in this conspiracy to acquire my real property. I have no authority to access financial records. The FBI does. In my opinion the main attacker has a severe case of narcissistic/psychopathic personality disorder. I have no authority to require those involved to take a polygraph. The FBI does. I am requesting some legitimate answers to questions I have been asking for several years and have received no response.

What exactly determines whether a case of conspiracy against right and deprivation of rights under color of law is civil or criminal. I have researched similar cases. I can find no other case in which the evidence supports one neighbor using chemicals to poison a neighbor. I have found cases where a neighbor has poisoned the neighbors pets. Those case are tried as criminal cases by a prosecuting attorney.

      I finally convinced a local agent to come to my home and review my evidence. I forewarned him that a review of the evidence takes an estimated 12 hours. He advised me that he has no intention of reviewing 12 hours of evidence. This agent stayed for 2 ½ hours. He only took notes from the information I was verbally giving him. He never reviewed the evidence stating that he had seen enough evidence. Never have my witnesses been interviewed.

The county attorney advised me that he would need an independent investigation. What does that mean? I told him that I wanted an investigation. He never responded. I suppose his recent retirement suggests that he never intended an investigation be done. They have no defense. My evidence is undeniable.

According to the official website the FBI investigates cases alleging,

Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.

  1. False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur.
  2. The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.
  3. Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it has shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute.

Significant Racketeering Activity

The FBI defines significant racketeering activities as those predicate criminal acts that are chargeable under the Racketeer Influenced and Corrupt Organizations statute. These are found in Title 18 of the United States Code, Section 1961 (1) and include the following federal crimes:

  • Mail Fraud
  • Obstruction of Justice
  • Arson

 

“Domestic terrorism” means activities with the following three characteristics:

  • Involve acts dangerous to human life that violate federal or state law;
  • Appear intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination. or kidnapping; and
  • Occur primarily within the territorial jurisdiction of the U.S.

 

18 U.S.C. § 2332b defines the term “federal crime of terrorism” as an offense that:

  • Is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and
  • Is a violation of one of several listed statutes, including § 930© (relating to killing or attempted killing during an attack on a federal facility with a dangerous weapon); and § 1114 (relating to killing or attempted killing of officers and employees of the U.S.).

This began when my neighbor purchased that lot adjoining mine from the Mayor of my town. I purchased mine in 1995, completely renovated, and upgraded all structures. I had a comfortable home, a garage, and workshop which I operated a successful upholstery service. I had satisfied the loan within 5 years.

      Both the neighbors and my property are legally nonconforming lots 70’w X 300’l. The frontage of both properties was 5th St. When he first constructed the illegal nonconforming garage I was concerned. The fact that not only had he regraded the fill dirt he trucked in to direct storm water onto my property, he also changed the direction of the over sized roof surface 90° from the existing garage diverting all storm water onto my property. His garage was illegal to begin with in regards to redeveloping legally nonconforming property. A building permit should have never been issued for this structure. The building official refused to address my concerns. I was advised he intended to build living quarters on the second story; The County reassessed the value of my property at a loss of $10,000 for my three undeveloped “half” lots.

The following year a suspicious fire destroyed the existing home. The neighbor apparently changed his mind about building a living quarters in the upper level of the nonconforming garage. He constructed a new over sized home; again, to large to comply with current building codes, he altered the  frontage of his home, now the frontage of the home is the city alley. The building permit for this structure was signed and approved by the city building official. This permit lacked a fee amount charged and the signature of the builder.

The existing conflict of interest between those involved made it impossible for me to get any protection of my rights from law enforcement. Multiple times I attempted to contact the city building official as standard procedure provides citizens to remedy of such situations. The building officials never responded. I did catch him outside his home planting garden and showed him the aerial photo, advised him that the illegal removal of the berm was the cause of my foundation washing out. He stated that he had forgotten about that berm. I assumed he would take action as his duty describes and remedy the situation. He did not, when asked by a witness on my behalf and fellow council member if he was going to address my concerns he stated that he was not. The mayor did come by and tell me “he cannot do that but it was a private issue”. Apparently, the mayor had not reviewed the permits prior to voicing his opinion, According to the city ordinances he has no authority to act as City building official. I went to the next council meeting with the building permits in hand and before I could ask my question the Mayor volunteered his knowledge that the builder’s signature alleviates all liability of the city. At that time I submitted the building permit issued and approved by the building administrator but not signed by the builder, there were no comments made by the mayor or any other person attending the meeting. You could have heard a pin drop. My questions have yet to be answered. Public record shows the mayor implicating himself in several similar situations.

Lee County detective Bob Conlee did misrepresent his authority by acting as a building authority for the City, advising his brother, “the neighbor” that he was not responsible for my damages. The County detective had no jurisdiction or authority to act as a city official and violation of a conflict of interest being he is the brother of this neighbor.

At this point the neighbor, Mayor, building official, and Lee county detective intentionally conspired to deprive me of equal protection of the law.

I developed what I referred to as a “rash” on my shins. This was not a normal itch as from a bug bite or poison ivy, although I have never had poison ivy. This was an intense itch, according to the dermatologist it was caused by something I had never been exposed to. Only after the grass turned green in the spring did I discover the neighbor had applied toxic chemicals to my property. I verbally told him upon discovery not to apply anything to my property, not to come onto my property and followed up requesting an incident report from the Chief of Police. The neighbor continued to apply the chemical to my property routinely for the next 5 years. I did receive an incident report from the Police Chief 16 months after I requested it.

Within 9 months of first discovering the chemicals I was unable to function, I could not bear to wear clothes. My rash had developed into a full body severe skin condition; the neighbor was elected to City council after the first year of intentionally exposing me to toxic chemicals. His intent was clearly to cause me financial harm by using his position to harass me.​

      I was constantly being issue citations from the City, every time the charges were dismissed. The city clerk on the neighbors behalf fabricated ordinances, altered the original building permit for the new home to conflict with what my expert witness had observed when he came to the location and wrote a letter pertaining to the building permit issue to the mayor and myself, including the State drainage laws. All the summons against me for criminal acts issued by the county attorney were based on fabricated laws. ​Every dismissal only increased the aggression of the neighbor.

He began applying the chemicals to the city’s easement on my property. The chemicals washed across the property of two downstream neighbors, killing all living things. The neighbor called the EPA.  A field investigator came to the location and took written statements from the two neighbors, and myself. I advised him that I just wanted to know what the chemical was so my dermatologist could provide treatment for a specific chemical. The field investigator advised me that I should go to the council meeting and ask them because it would be 9 months before the lab results would be completed. I went to the council meeting. The neighbor remained seated in his position as if there was no conflict of interest. Standard procedure would require him to leave the room because my complaint was against him. I told them that I needed to know what the chemical was that was applied to my property strictly for medical purposes. Not one person said a word. Not one person suggested they would find out what the chemical was. It was obvious by visually looking at my arms that my health had rapidly deteriorated. To me that was the most brutal of all the attacks on my person. The following day I stopped the Director of the street dept. and told him what had happened at the meeting. He advised me they could not tell me because they did not know any chemicals were being applied to the City easement. The EPA sent the city a warning letter stating all the laws they had violated in applying the chemicals. The reason the EPA got involved was the fact that the easement of my property was the point source of the headwater of a creek that feeds directly into the Mississippi River. The chemical was determined to be glyphosate, there is no specific test or treatment for exposure to glyphosate because it is against the law to trespass on the property of another. To apply chemicals to another person’s property, knowing it was believed to be causing health problems to the owner is criminal. The field investigator advised me that my situation is “unheard” of. The city was issued a warning letter stating all the laws that were violated in applying the chemicals. There have never been chemicals applied by the City in this area before or anywhere else in town that I am aware of.

There is no other case in which one neighbor has been allowed and assisted by law enforcement  to expose his neighbor to toxic chemicals with intent to cause serious injury or death. This man was using these chemicals to eliminate me. His illegal property redevelopment was rejected from being recorded on the county plat map. He determined to remedy the situation by eliminating me and acquiring my property. He chose to do this by unlawfully applying toxic chemicals to my property. This man could have never achieved his goal of eliminating me if not for the assistance of his co-conspirators all of whom were city or county government officials. This was premeditated and nearly cost me my life.

I am requesting a full investigation into my allegations and this criminal enterprise be held accountable to the highest degree of the law.

  • My right to due process was violated.
  • My right to enjoy my property was violated.
  • My right to free speech was violated.
  • My right to equal protection of the law was violated.

Using chemicals with intent to cause serious injury or death can and should be considered attempted murder in this case. I did not willingly give up my property. A County officer stopped by my house to advised me that this man had no intention to stop using chemicals to eliminate me.

Perjury, knowingly making false police reports, fabricating evidence, fraud, obstruction of justice, conspiracy against rights, deprivation of rights under color of law. All of these allegations are all criminal offenses.

Being advised this is a civil case in my view is nothing short of advising me to take the law into my own hands. I have no authority to prosecute criminal offenses. I have no authority to search for bribes being taken by reviewing the financial records of these individual’s. The Federal authorities are the proper authority to investigate and prosecute the crimes alleged in this document. Advising me that this is a civil case is the same as telling me that for justice to be served I must invoke my rights given by the second amendment.

Is that what I should be forced to do? I need answers to these questions. I am being forced to commit a criminal offense, so justice can be served? Nobody has ever been in this position in the history of the United States. How many civil cases are filed against criminal offenses?

I know the duty of law enforcement is to protect the rights of the people. I know it is not the duty of law enforcement to fabricate evidence, act as a witness for a person who intends to violate a court order. As recent as April 2017 warn a city clerk an investigation is going to happen so she has the opportunity to suppress evidence that was prior to the warning, posted online for the public to read. When I tally it up every crime that has been committed against me in this case it completely describes what is  listed on the FBI website as being high priority. An FBI investigation is required to hold government accountable for public corruption. Any information that has been or will be stated by local authorities to a higher authority will be fabricated, I know that for a fact. No person has ever reviewed my evidence. The only two people who know the facts of this story are me and my terrorist attacker, the neighbor.  I have been advised this is a civil case. I strongly disagree.  I was not allowed to file a trespassing complaint against this man when he was unlawfully applying chemicals to my property. I did in fact hire an attorney to sue the City, he took my money and I suspect he took some money from the neighbor. My attorney claimed he filed the complaint. He did not file a complaint.

The neighbor filed a civil complaint against me for, of all things, loss of enjoyment of his property. I within my legal rights put up a privacy curtain. The attorney that I hired to sue the city countered with a nuisance drainage complaint. He failed to question any of my “compelling” witnesses. The same witnesses he referred to as experts in their own right. He failed to notify me that a decision had been made. When I did find out a decision had been made I called him and he advised me that to file an appeal he would need $4000 and he did not want to do it anyway. He advised me that I only had 7 days left to file an appeal. I did attempt to get the transcripts from the court and spoke with a Jody Green. She advised me that the transcripts would not be available until Feb. and the price would be $27.00 I believe. I have the detail including date and amount written down in my evidence. How ethical is it for an attorney to withhold testimony and written affidavits from the court. How ethical is it for an attorney to acknowledge the judge had errors in his decision based on what the only relevant witness the neighbor had. How ethical is it for an attorney to claim he file a complaint on your behalf against the liable party but did not. The evidence will support my attorney conspired with the neighbor violating my State and Federal Constitutional rights. The court dismissed my counter complaint  because the evidence and witness testimony was suppressed. I did not understand why he countered against the neighbor in the first place. I knew what my attorney advised me of the first day we met. The city is the liable party in my case. My attorney advised me that we would sue both parties. I hired him to present my case against the city I had nothing to do with a complaint against my neighbor. The city allowed and assisted the neighbor to violation the state building code and drainage law. The counts of perjury the neighbor and his attorney committed are unbelievable. He could not keep his interrogatories from conflicting with his courtroom testimony. Was the judge involved in this conspiracy? You review that evidence and give my your opinion. The court dismissed his case citing my “right to use my property as I see fit”. I felt a sense of relief. I understood the judge intention was for me to control my property in all matters.

After the court ruling the neighbor, accompanied by the police chief, approached me while I was in my yard to informed me that the neighbor was going to move the 48 landscape timbers that I had placed on my side of the common boundary to divert the nuisance stormwater drainage to the city drainage ditch the best I could. I advised the neighbor that if he had a problem with the boundary the proper procedure is to file a civil complaint against me again. I asked the police chief why he was there. He responded that he was acting as a witness that the neighbor told me in advance that he was going to move the landscape timbers on my property. At that time I advised them both that I intended to invoke my second amendment rights. I went directly into my house and returned with a long arm single shot pellet gun. I told the police chief to never knock on my door again. He never knocked on my door again. As a normal human being, I to need to sleep. I was still trying to operate my business. I had not planned on spending this many hours defending my person and property against a neighbor who showed no sense of reason since he began his property redevelopment 2 years earlier. I went out in the yard the next morning and he had moved the protective landscape timbers and pulled up the lawn edging I had just installed as an additional form of protection. The only authority available for me to file a complaint to was the same police chief that had conspired to allow me to be poisoned in the first place. He stated the reason he would not issue the neighbor a citation was because he did not want to make him mad. I completely understand why someone would not want to get on this seemingly psychopaths bad side. I experienced his unconscionable, unreasonable behavior personally.

Within a matter of weeks the police chief was given the opportunity to resign with a positive recommendation to the next police department that hired him or be terminated. He chose to resign. The day after I was forced to defend my property with a weapon against the neighbor and law enforcement, one of the city deputies called me and advised me that the city did have an ordinance prohibiting bb guns. As if an ordinance was going to prevent me from defending my person and property from trespassers.

The next violation committed against me the neighbor reported gun shots fired from my property. A city deputy along with a string of Sheriffs officers swarmed my home. The reason for this was because the neighbor wanted to know if I did have weapons in my possession. They went so far as to call my son at his work and as him if I had weapons. The neighbor knowingly made a false police report. Making false police reports is also listed on the FBI website as a criminal offense. Again a review of my evidence will support all my allegations. No person of authority has ever reviewed my evidence except the county attorney. All evidence as been supported by “the neighbor said”.

This man and the local government officials have shown no regard for my life, liberty and pursuit of happiness.  The chemicals he was using were literally killing me.  Lee County attorney sent a deputy to my home to investigate a second criminal complaint the neighbor had filed against me for “giving him the finger”. I showed the deputy the court order, specifically where the judge is citing of my right to enjoy my own property. I advised the deputy that I wanted to file a trespassing complaint against the neighbor. The neighbor ignored the court order as if he was above the law. The deputy advised me that the court order did not specify chemicals could not be applied to my property adding that he was only at my home to investigate the complaint my neighbor filed against me for giving him the finger. He left and that complaint was dismissed due to lack of evidence. There is no law against giving anyone the finger, this was the second complaint for the same criminal charge the County attorney file on his behalf against me. This one the citation included “he was tired of me doing this all the time. Trumping up the charge to harassment.

I was advised that all criminal complaints must be referred to the county attorney by the Sheriff or other law enforcement authority. Well in this case that is not going to happen because of the conflict of interest existing among my attackers. I do not know if the city and county officials who followed behind this County Attorney, Mayor, building official/council member, and neighbor/council member were involved on the conspiracy against my rights or if they were manipulated into believing all they were told by this neighbor. I do know I have never been given the opportunity to tell the story and present the evidence in its entirety to any authority. about this in a public forum, or in a private meeting. Exposing public corruption in my case has been one of the most difficult tasks I have had to face in my 60 years on this earth. In this land of the free. This was nothing less than a brutal life threatening attack waged against me by my local government officials. It was not the neighbor until after he suspiciously was elected to city council that had the duty to protect my State and Federal rights.

I am mad as hell and I am not going to take it anymore. I will not allow my rights to be violated  It is not my duty, nor did I take an oath to uphold the rights given by the Constitution as every person involved or notified about this situation has. I simply will not let it go. This was nothing short of feeling as if I have been gang raped. This is constantly on my mind. It will not go away. It should not go away as this in not what the Nation aspires to do to its citizens.

If I put chemicals on anyone’s property only one time I would be charged with trespassing. This was done to me with no regard to human life for over 5 years. I am angry and time does not ease the pain. I suffer from PTSD as a result of the ongoing attack against me by this enterprise of government officials. To suggest a statute of limitations has expired is an insult to my intelligence. There is no statute of limitation for terrorism. The attack against me was in violation of my State and Federal constitutional rights. The State itself was actively supporting the violation of my rights. The attorney I hired conspired against my rights. You can visit https://poisonedbymyneighborfromhell.com to see some of the hard copy evidence that supports my allegations. This is only the tip of the iceberg of the criminal offenses committed against me to acquire my property. Deprivation of rights under color of law.

Sincerely,

 

 

 

 

 

 

 

Former Lee County Attorney Michael Short and Chief of Police Brent Shipman make a well formed militia, no way justice was going to be served.

         I am searching for any civil cases in which the plaintiff has filed a civil complaint alleging trespassing against the private party. I want to see any civil cases in which the plaintiff has filed multiple counts of fraud against another person. I want to see any legal action in which the plaintiff has filed a civil case alleging the defendant has committed a criminal offense. I came across the document above when I believe Lee County Detective Bob Conlee was attempting to set me up for a drug bust. If you would review Lee County Attorney Michael Short . Short  advised me that “he” would decide who gets prosecuted in Lee County, Iowa. He wasn’t kidding he was willing and did everything needed to protect Mark Conlee in his unprecedented illegal actions against his neighbor.
Most of you have the common knowledge of the laws and rules a Sheriff has the duty to provide to the citizens in their County described below. I am still waiting for the results of an investigation into my allegations as stated by then County Attorney Mike Short and current Lee County Sheriff Stacy Weber. Weber has a conflict of interest that is next to none according to the record. He certainly learned from the best of the best as former County Detective Bob Conlee is described as his mentor. His reason for getting into law enforcement as a career choice.
Working with Federal and State Legislatures to create laws providing safer communities

The SHERIFF is the only elected Law Enforcement Officer in the State of Iowa.

THE DUTIES OF SHERIFF INCLUDE:

  • Execution and return of all legal civil papers
  • Enforce the law of the State of Iowa
  • Enforce County Ordinances
  • Conduct criminal investigations
  • Provide Law Enforcement services to the Judicial Court System
  • Supervise all jails and the custody of incarcerated offenders
  • Maintain the Sex Offender Registry
  • Patrol all areas of the county
  • Respond to any and all disasters within the county
  • Assist other Law Enforcement agencies
  • Sustain Iowa VINE for Victims
Mr. Short failed the citizens of Lee County to a serious degree beginning in filing two criminal complaints against me on behalf of his number one colleague Detective Bob Conlee and his brother, Mark Conlee. The complaints were clearly frivolous and fabricated.  There is no existing law against giving the middle finger to another person.
6-26-2007 State vs Boatner, second Complaint on Conlees behalf .jpg

Harassment, (simple misdemeanor) defendant with intent annoy another person by flipping the middle finger, continuously.                                                                                                                  County Attorney and Chief Shipman are acting as puppets on Mr. Conlee’s behalf. Denies legitimate allegation with hard evidence supporting Conlee was continuously applying chemicals  unlawfully to Boatners property with intent to cause serious harm.

 

 

7-2-2007 summons State of Iowa vs Melody Boatner .jpg

This is an example of the standard procedure followed in any action in this “criminal” case. There was no local government official willing to honor their ethical oath. They were all completely devoted to Mark Conlee’s goal to acquire his goal. It was like they were hypnotized. I know full well that the County attorney should know what is a criminal violation and what is a fabricated law. Chief Shipman scratched out the last sentence as I advised him there was no law preventing a citizen from having two licensed, insured vehicles on their private property. Mark Conlee used his position as council member to push past any recognition of ethical standards. I feel like I have been raped by these public servants. I will never be the person I was prior to the physical assault by this gang.in their quest to acquire my property. No holds barred, they were intent on this goal. I was unable to assert my rights to save my life.

Statute of Limitations – Tolling The Statute – Time, Action, Tolled, and Debt – JRank Articles

Statute of Limitations – Tolling The Statute

Source: Statute of Limitations – Tolling The Statute – Time, Action, Tolled, and Debt – JRank Articles

Protecting Civil Rights: A Leadership Guide for State, Local, and Tribal Law Enforcement

Executive Summary

PROTECTING CIVIL RIGHTS:

A Leadership Guide for State, Local, and Tribal Law Enforcement

BACKGROUND

Protecting Civil Rights: A Leadership Imperative 

All law enforcement leaders recognize the ethical and legal imperatives to which they and their officers must adhere to ensure that civil rights of all individuals in their communities are protected. Law enforcement officers, in fact, are the most visible and largest contingent of the nation’s guardians of civil rights. Every police officer commits to upholding the nation’s prime guarantor of rights, the U.S. Constitution, when sworn into office. To be effective, a police department and its individual officers must be seen primarily as protectors of civil rights, rather than agents of social control whose main purpose is to limit individual freedoms. The effectiveness of police in their varied missions—from law enforcement to community service—depends on the trust and confidence of the community. Public trust and confidence are severely reduced when individuals’ civil rights are compromised. And when any community perceives that its civil rights are systematically violated by the police, all sense of trust, cooperation, and partnership between the police and that community will be undermined. Understanding these ethical imperatives, law enforcement leaders must be continually vigilant to ensure that the actions of their officers do not violate civil rights and do not compromise public support. Officers are granted a tremendous amount of authority and discretion to enforce the law, that is, to protect individual rights from being infringed upon by others in the community. At the same time, officers themselves must act within the confines of the Constitution while executing their tremendous power and wide discretion. They must never consider themselves above the law while executing their responsibility to enforce the law. This commitment is what distinguishes police in constitutionally based, democratic societies like ours from police in nondemocratic countries, where they too often are perceived as oppressive agents of a government whose main purpose is to restrict, rather than protect, the rights of civilians.

 Across the United States, law enforcement personnel have an overwhelmingly positive record of accomplishment for respecting and protecting civil rights. Leaders should find it heartening and a source of pride that the vast majority of the countless interactions that officers have with civilians result in actions that are conducted lawfully, professionally, and within constitutional boundaries. The fact that the overwhelming majority of police officers routinely respect civil rights under the most trying and volatile conditions is remarkable. Given the risks inherent in police work and the grave consequences that can occur when civil rights are violated, law enforcement leaders must be unwavering in holding their officers accountable. Their officers are vested with authority and discretion that can be abused. Unlike any other profession, the possibility of violating civil rights, or being perceived as violating civil rights, is inherent in many of the duties officers are required to perform on a day-to-day basis. Unfortunately, the notoriety and harm that arise from even isolated instances of civil rights violations can easily overshadow the vast majority of police-civilian encounters that are performed respectfully and professionally. Law enforcement leaders bear the tremendous responsibility to ensure that individual officers and units within their agencies uphold the law and its most basic guarantees.

 Realistically, law enforcement leaders recognize that on rare occasions officers will violate a civilian’s civil rights, wittingly or unwittingly. On even rarer occasions, groups of officers or small factions within an agency may act without regard for civil rights, perhaps even asserting that effective law enforcement can come only at the expense of civil rights. Leaders must be resolute in their responses to isolated incidents of civil rights violations to minimize damage and set a clear example. In the case of officers who systematically violate civil rights, their behavior must not be tolerated and action must be decisive and uncompromising.

Effective leaders, supported by the managers who serve them, must strive to identify and intervene when officers exhibit potentially problematic behavior before it escalates to the point of violating civil rights. Against this backdrop, the seriousness of law enforcement leaders’ responsibility to communicate a consistent and far-reaching commitment to civil rights protections cannot be overstated. Although laws, departmental policy directives, and standard operating procedures are critically important, law enforcement executives’ leadership and communication skills are the most critical elements for ensuring that officers regularly exercise sound judgment and engage in professional and ethical policing. Law enforcement leaders can and must demonstrate a fundamental and complete allegiance to civil rights protections in a coordinated manner using multiple approaches. They must clearly convey a simultaneous commitment to effective law enforcement and civil rights protection; they must codify this commitment in their agency’s mission statements; they must ensure that their department’s policies are clear, sound, and consistent with civil rights guarantees; they must train and supervise officers in manners that are consistent with this commitment; and they must respond to alleged civil rights violations with vigilance and with fair and decisive action. As law enforcement leaders succeed in these regards and make these efforts transparent to the public, they validate the core premise that civil rights protection is not only an ethical and legal imperative but a practical imperative as well. Protecting civil rights is good for police, good for the community, and essential for maintaining the partnerships that must exist between the two.

Federal Investigations: A Response to “Patterns or Practices” of Civil Rights Violations Despite the ethical, legal, and practical imperatives to protect civil rights, law enforcement officers occasionally abrogate their oaths. When these unwitting or intentional violations of citizens’ civil rights go unaddressed, they can escalate into more widespread patterns or practices of civil rights violations that can undermine the credibility of an entire law enforcement agency and erode public trust and confidence. Moving beyond isolated instances, pattern or practice violations of civil rights comprise an urgent call to law enforcement executives and the municipal, county, or state governments under which they serve to reassume the ultimate responsibility for ensuring that officers uphold their oaths of office and adherence to constitutional guarantees.

During the last decade, the federal government has responded to such situations in the rare, but urgent circumstances where allegations of pattern or practice civil rights violations have arisen. The passage of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law No: 103-322) enabled the federal government to take action to remedy any pattern or practice of conduct by state and local law enforcement agencies “that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.” In response to this enabling legislation, the Special Litigation Section of the Civil Rights Division of the U.S. Department of Justice assumed the responsibility for investigating alleged pattern or practice civil rights violations and for establishing remedies to such violations.

During the last decade, the Special Litigation Section has investigated an array of alleged pattern or practice civil rights violations including the following:

  • Unlawful or excessive use of force
  • Inadequate training on use-of-force techniques
  • Racial profiling
  • Illegal stops and searches
  • Intimidation by police
  • Harassment of civilians in retaliation for reported misconduct
  • Inadequate supervision
  • Failure to investigate alleged officer misconduct.

Investigations by the Special Litigation Section resulting in a determination of actionable civil rights violations generally have been resolved through negotiated agreements in the form of memorandums of agreement (MOA) or consent decrees. Through such agreements, the federal government and law enforcement agencies agree to a course of action to correct the patterns of civil rights violations and to remedy the conditions that allowed the violations to occur. Since 1994, 14 agencies have been or currently are under federal monitoring as a result of civil rights violation investigations. While these 14 agencies represent an infinitesimal fraction of the country’s nearly 18,000 state, county, local, tribal, and special jurisdictional law enforcement agencies, the impact of these federal investigations and agreements has been and continues to be profound and far-reaching.

18 U.S. Code § 245 – Federally protected activities | US Law | LII / Legal Information Institute

Source: 18 U.S. Code § 245 – Federally protected activities | US Law | LII / Legal Information Institute

18 U.S. Code § 242 – Deprivation of rights under color of law | US Law | LII / Legal Information Institute

Source: 18 U.S. Code § 242 – Deprivation of rights under color of law | US Law | LII / Legal Information Institute

18 U.S. Code § 241 – Conspiracy against rights | US Law | LII / Legal Information Institute

Source: 18 U.S. Code § 241 – Conspiracy against rights | US Law | LII / Legal Information Institute

18 U.S. Code Chapter 13 – CIVIL RIGHTS | US Law | LII / Legal Information Institute

Source: 18 U.S. Code Chapter 13 – CIVIL RIGHTS | US Law | LII / Legal Information Institute