Lake Park Towers' Apartment bench is on the "Right A Way" at 203 Main Street, Klamath Falls, OR


Just love people who think they know what is going on from the outside, without getting the "facts" first, before making comments...

KLAMATH FALLS, OR— Benches are on the "Right of Way", plus Lake Park Towers' Apartments is from curb to flush of building is 10 feet, 10 and half inches on Main Street.

Lake Park Tower's bench is on the "Right A Way" at 35 feet, 3 inches from the center of Main Street.

It makes you wonder who is really in charge at the Lake Park Towers' Apartments, the City of Klamath Falls, OR, and the Klamath County DA's office?

NOTICE OF CIVIL TRESPASS FOR PUBLIC PROPERTY

2.34.040 Right-of-way defined. For the purpose of this chapter, right-of-way shall include those sidewalks which are closest to a paved street; provided, that the street-side edge of the sidewalk is within 20 feet of the curb-line closest to the property. [Ord. 28-15 § 1].

There is no staff or law clerks or even an investigator while in pro se in case #19CR45438 State vs. James Charles Garland. Yet, during the discovery process for the defense the following was also discovered.

Civil Rights in the United States 42 U.S. Code § 1983. Civil action for deprivation of rights.

"Section 1983 Litigation" refers to lawsuits brought under Section 1983 (Civil action for deprivation of rights) of Title 42 of the United States Code (42 U.S.C. § 1983). Section 1983 provides an individual the right to sue state government employees and others acting "under color of state law" for civil rights violations. Section 1983 does not provide civil rights; it is a means to enforce civil rights that already exist.

Bivens action: Section 1983 only applies to local state governments. A “Bivens action” is the federal analog which comes from Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Subject to certain exceptions, victims of a violation of the Federal Constitution by a federal officer have a right under Bivens to recover damages against the officer in federal court despite the absence of any statutory basis for such a right.

42 U.S. Code § 1983.Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

(R.S. § 1979; Pub. L. 96–170, § 1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104–317, title III, § 309(c), Oct. 19, 1996, 110 Stat. 3853.) Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics

Facts of the case

In 1965, six agents of the Federal Bureau of Narcotics forced their way into Webster Bivens’ home without a warrant and searched the premises. The agents handcuffed Bivens in front of his wife and children and arrested him on narcotics charges. Later, the agents interrogated Bivens and subjected him to a visual strip search. Bivens sued the agents for $15,000 in damages each for humiliation and mental suffering. The district court dismissed the complaint for failure to state a cause of action. The U.S. Court of Appeals for the Second Circuit affirmed.

Question
(1) Does violation of an individual’s Fourth Amendment protection against unreasonable search and seizure give rise to a federal claim for damages? (2) Does governmental privilege extend to federal agents who clearly violate constitutional rights and act outside their authority?

Conclusion

Yes, No answer. Justice William J. Brennan Jr., writing for a 6-3 majority, reversed the Sixth Circuit and remanded. The Supreme Court held that Bivens does have a cause of action for damages arising from the federal agents Fourth Amendment violations. Bivens must provide proof of his injuries in order to recover. The Court did not reach the privilege question because the Court of Appeals did not consider the question. Justice John M. Harlan concurred in the judgment, writing that federal courts have the power to award damages for constitutional violations.

Chief Justice Warren E. Burger dissented, arguing that the doctrine of separation of powers is better served by leaving the question to Congress. He also argued that the doctrine of suppressing evidence obtained in illegal searches is insufficient to deter law enforcement. Justice Hugo L. Black also dissented, arguing that Congress could create the cause of action Bivens stated, but has not, so the majority’s decision is an unconstitutional extension of judicial power. Justice Harry A. Blackmun dissented, supporting the idea that the question in this case is better left to Congress.

Related links:

1. You win some and you lose some. 42 U.S. Code § 1983. Civil action for deprivation of rights

2. Accused of Trespass by Clyde Long of Lake Park Towers

3. Abuse of Seniors and the Disabled by Management in Klamath Falls, Oregon

James Garland of Tulelake News
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