Umesh Heendeniya vs. Hernando County Sheriff’s Office, Florida
A brief summary about me and how I came to be in the cross-hairs of Cops (i.e., FBI Agents, ATF Agents, Special Deputy U.S. Marshals, Deputy Sheriffs, State Troopers, Police Officers, Probation & Parole Officers, Prison Guards, etc.) from approx. September, 2010:
My name is Umesh Heendeniya, I live in Hernando County, Florida, and have lived here since mid-2014. Prior to that I lived in Massachusetts. I have Never been Convicted of a Felony, and for many years I have been a Peaceful Advocate for The First Amendment Rights and The Second Amendment Rights Contained in The Bill of Rights. I have done my Lawful, Peaceful Advocacy of The First Amendment Rights and The Second Amendment Rights by, in part, having created some years back several Online Websites pertaining these rights, and having created many years ago several Online Web Repositories (Google Drive, Microsoft SkyDrive, Dropbox, ScribD, Box, Slideshare, etc.) that contain many Adobe PDF Documents and Videos.
Approx. June, 2010, I posted a book review on Mr. Mumia Abu Jamal’s book– “Jailhouse Lawyers: Prisoners Defending Prisoners v. the USA.” About 3 months later, I began an online romantic relationship with a lady who lived in Iran, and a few weeks later began following the Muslim faith (from Fall, 2010 to April, 2013 when I reverted back to Christianity). Shortly after I began communicating with this Iranian lady, members of the Massachusetts Joint Terrorism Task Force (Massachusetts JTTF) began– somewhat covertly– surveilling me, and this lasted until I moved to Florida in mid-2014.
From approx. late-January, 2015 to the Present, members of the Tampa-Orlando Joint Terrorism Task Force (Tampa-Orlando JTTF) and/or members of the Tampa-Orlando ATF have been Intensely, Aggressively, and Overtly Surveilling me, Stalking me, and Harassing me. On Jan. 15, 2016, 3 members of the Tampa-Orlando JTTF forcefully Interrogated me against my will through Coercion, even though I had promptly invoked my “Right to Remain Silent” and my “Right to Counsel,” right at the beginning of the interaction with them at my doorstep. Later, through Florida’s version of FOIA (Florida Statute Section 119.07), I found out that 2 of them were FBI Agents with the Tampa-Orlando FBI office while the 3rd was “a Special Deputy U.S. Marshal and a Sheriff’s Detective” with the Hernando County Sheriff’s Office (HCSO in Florida).
I have continued to be Aggressively, In-Your-Face Overtly, and Excessively Surveilled, Harassed, Stalked and Intimidated by members of the Tampa-Orlando JTTF, Deputies with the Hernando County Sheriff’s Office, and on information and belief members of the Tampa-Orlando ATF (On information and belief, members of the Tampa-Orlando ATF are using several of my Online Websites that I’ve created over the years as Pretextual Justification to Surveil, Harass, and Intimidate Me). Because of controlling U.S. Supreme Court case law (such as: Laird v. Tatum, 408 U.S. 1 (1972)) and its progeny in the U.S. Courts of Appeal, there’s not much I can do through litigation, other than silently suffer.
The fact is, Cops (i.e., FBI Agents, ATF Agents, Deputy Sheriffs, Special Deputy U.S. Marshals, State Troopers, Police Officers, Probation & Parole Officers, Prison Guards, etc.) HAVE WEAPONIZED THEIR SURVEILLANCE AUTHORITIES, in order to PUNISH AND DETER PEACEFUL CIVIL RIGHTS & CIVIL LIBERTIES ACTIVISTS (i.e., The Target/Mark of these Rogue Cops) from Advocating for the Protections and Safeguards embodied in The U.S. Constitution and The Bill of Rights (i.e., my Online Websites on the Internet, where I’ve Advocated for The First Amendment Rights and The Second Amendment Rights Contained in The Bill of Rights AND my Online Web Repositories).
Thus, Cops USING THE PRETEXT OF CONDUCTING COUNTERTERRORISM OR CRIMINAL INVESTIGATIONS have engaged– for the past approx. 11 years– in Blatantly Overt, In-Your-Face, Aggressive, and Excessive Surveillance of Me (Their Target) for the Purpose of Harassing, Stalking and Intimidating a Peaceful Civil Rights & Civil Liberties Activist.
“Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.”
~ Sun Tzu (544BC – 496BC, “The Art of War”).
Cops (i.e., FBI Agents, Special Deputy U.S. Marshals, ATF Agents, Deputy Sheriffs, State Troopers, Municipal Police Officers, Probation & Parole Officers, Prison Guards, etc.) and Their Powerful and Influential “Law Enforcement and Corrections Officers’ Labor Unions” That Represent Cops truly understand the meaning of Sun Tzu‘s above advice.
The Fact is, Over Many Decades Cops and Their Powerful Labor Unions have Gamed “The System” so that Most of the Time, They Invariably Win, while Us Civilians invariably Lose Most of the Time– “Heads They Win, Tails You Lose.” That is because, Methodically, over many years, Cops and Their Powerful Labor Unions have “Stacked the Deck” in Their Favor to the Maximum Extent that they can get away with.
Another fact is: Race or Ethnicity of Cops has Nothing to do with Police Brutality and/or Police Corruption. Instead, Because of the Enormous Power and Influence of Law Enforcement and Corrections Officers’ Labor Unions (i.e., LEOs/COs Labor Unions), over many decades Cops’ Labor Unions have created Legal and Structural Hurdles That Stand in the Way of Meaningful Police Accountability and Police Reform.
Below are several articles from Washington Post, New York Times, Reuters, AP, etc., that pertain to Cops (i.e., FBI Agents, Special Deputy U.S. Marshals, ATF Agents, Deputy Sheriffs, State Troopers, Municipal Police Officers, Probation & Parole Officers, Prison Guards, etc.) and why it’s nearly impossible to hold them accountable in any meaningful way and make them abide by the Constitutional Protections that We Civilians are Supposed to be Entitled To.
There are Several Systemic Reasons why is is Very Difficult to Hold Brutal and/or Corrupt Cops Accountable. The fact is: Cops have enormous powers that protect their brutality, corruption, and/or unconstitutional acts/behavior. One of the reasons behind this is because Cops are NOT subject to any meaningful systemic, built-in restrictions & deterrence that will prevent/deter the Cops from breaking the law and violating Civilians’ Civil Rights & Civil Liberties. Some of the powerful, “Built-In Protections” and “Structural Safeguards” that Cops enjoy are:
(1). QUALIFIED IMMUNITY. This judicial doctrine makes it extremely hard to hold Cops accountable and personally/individually financially responsible for violating the law, and hurting or killing Civilians.
(Read Article #1)
Frequently Asked Questions About Qualified Immunity:
(Read Article #2)
Clarence Thomas Chides Supreme Court for Ignoring Qualified Immunity: ‘I Continue to Have Strong Doubts…’; by Colin Kalmbacher, on June 15th, 2020.
(2). POWERFUL LAW ENFORCEMENT AND CORRECTIONS OFFICERS’ LABOR UNIONS PRESSURE AND/OR BULLY OUR LOCAL/STATE/FEDERAL POLITICIANS TO SIGN “COLLECTIVE BARGAINING AGREEMENTS/CONTRACTS” THAT ARE EXTREMELY FAVORABLE TO COPS. These “Collective Bargaining Agreements (CBA)” (i.e., Cops’ Labor Union Contracts) include very favorable contractual provisions such as:
If a Cop is found to have flagrantly violated the law or departmental policies and thus is found to owe an injured Civilian (or the family of a Civilian that they had unlawfully killed) Money, nevertheless, the Cop will not have to pay a dime out of his pocket. Instead, due to INDEMNIFICATION CLAUSES Written in the CBA, “We The People” (the Tax Payers) will be the ones On the Hook for paying the full amount to the injured Civilian (or the Family of the Deceased Civilian).
(Read Article #3)
Across the U.S., Police Union Contracts Shield Officers From Scrutiny and Discipline; by Reade Levinson, on (Jan. 13, 2017).
Reuters examined police union contracts across the country and found a pattern of protections afforded officers: Many contracts erase disciplinary records or allow police to forfeit sick leave for suspensions. Meantime, residents face hurdles in pursuing complaints.
(Read Article #4)
Editorial: Here’s how to hold police accountable: Don’t let their unions give money to prosecutors; by The Times Editorial Board (Los Angeles Times Opinion), on June 1, 2020.
(Read Article #5)
How Police Unions and Arbitrators Keep Abusive Cops on the Street – Officers fired for misconduct often appeal the decision and get reinstated by obscure judges in secretive proceedings; by Conor Friedersdorf, on December 2, 2014.
(Read Article #6)
When Police Unions Impede Justice; by The New York Times Editorial Board, on Sept. 3, 2016.
(Read Article #7)
Why Police Unions Protect the Worst Cops; by German Lopez (@germanrlopez)(email@example.com), on Dec 18, 2014, 9:40am EST.
(Read Article #8)
Meet the Men Who Scared de Blasio Away From Police Reform – NYPD officer unions taught the NYC mayor a lesson in 2014. He hasn’t forgotten it; by Ben Adler (Ben Adler is City & State’s senior editor), on June 2, 2020.
(3). PEACE OFFICER’S BILL OF RIGHTS (Law Enforcement and Corrections Officers’ Bill of Rights, aka LEOBR, aka LEOBoR). These are special State Statues that Labor Unions that Represent Cops have gotten State Legislators to write into State Law, that provide special and very “favorable laws” and “special rights” to cops (that are not available to us regular folks). As just one example: if a Civilian shoots someone in self-defense, they are immediately interrogated by Cops to the full extent allowed under the law, and the Cops Will Lie (Similar to “Testilying”), if necessary to, to Trick and Deceive the Civilian. But, if a Cop Brutalizes or Kills Someone, due to provisions in that State’s Peace Officer’s Bill of Rights, the Cop can’t be questioned for, usually 3-10 days, depending on the particular provision in State Law. This creates a huge built-in advantage for Cops who’re thus able to get their stories straight so that their version of what took place is told in a manner that is calculated and favorable to them, and “paints them in a good light.”
(Read Article #9)
Why Firing a Bad Cop Is Damn Near Impossible – A brief history of the “Law Enforcement Bill of Rights”; by Mike Riggs, in Reason.
(Read Article #10)
The Police Officers’ Bill of Rights Creates a Double Standard, by Attorney Paul Butler who is a Afro-American former prosecutor:
(4). ANOTHER TRICK-OF-THE-TRADE THAT COPS RESORT TO WHEN THEY GET CAUGHT HAVING DONE MISCONDUCT OR HAVING FLAGRANTLY VIOLATED THEIR DEPARTMENTAL POLICY IS, THEY EITHER RESIGN so they don’t risk losing their “State Law Enforcement Certification” issued by the State and thereby they can get newly hired by another law enforcement agency, AND/OR THEY RETIRE knowing that they will receive Very Generous Pension Payments, Very Good Health Benefits, and other Retirement Benefits.
[eg., The Law Enforcement Officers Safety Act, LEOSA (18 USC §926C) that provides them Universal Handgun Concealed Carry Reciprocity Across All of the 50 States].
(Read Article #11)
A 50-State Look at Officer Decertification for Sex Incidents; by Tribune Wire Reports, on Nov. 01, 2015, 5:00AM.
(Read Article #12)
AP: Broken System Lets Problem Officers Jump From Job to Job; by Nomaan Merchant, on November 3, 2015.
(Read Article #13)
Once, Twice, Three Times Deputy Resigns Before He Can be Fired by Law Enforcement Agency; by Randy Travis, on FOX 5 Atlanta (Gwinnett County), on July 24, 2020.
(5). ONE WAY THE POWER OF LAW ENFORCEMENT AND CORRECTIONS OFFICERS’ UNIONS IS SHOWN IS IN HOW THEY’RE ABLE TO BULLY AND NEGOTIATE AND PRESSURE FAVORABLE-TO-COPS PROVISIONS/CLAUSES INTO THE COLLECTIVE BARGAINING AGREEMENTS (CBAs) that are signed between the City/County/State/Federal and the Law Enforcement and Corrections Agencies.
Cops’ Leadership and their Powerful Labor Unions also employ a tactic called “TRIANGULATION.”
Thereby, Cops are able to get loyalty and favorable treatment from BOTH the Republican politicians AND the Democrat politicians. This is in part because, labor unions (including Cops’ Labor Unions) have traditionally been Democrat/Progressive institutions and have traditionally been supported by Democrats. However, Cops have traditionally been a heavily voting Republican/Conservative block because most Cops are Republican/Conservative. Hence, Cops (in their individual selves) AND their Powerful Law Enforcement and Corrections Labor Unions (in their organizational selves) have been in the unique position of being able to enjoy the Support, and being able to get Favorable-to-Cops Legislation and Contractual Provisions passed and signed into law by both Republican and Democrat politicians at the federal, State, county, and municipal levels.
And let’s remember: per Castle Rock v. Gonzales, 545 U.S. 748 (2005) and Warren v. District of Columbia, 444 A.2d. 1 (D.C. Ct. of Ap. 1981), COPS HAVE NO LEGAL DUTY TO COME AND SAVE A PERSON FROM IMMINENT DANGER, due to the “Public Duty Doctrine”. This means, as far as the law is concerned, if someone attacks you or your loved ones, there is no law that requires the Cops to come and save you and your loved ones from imminent danger.
(Read Article #14)
Floyd Case Sheds Light on the Power of Police Unions to Thwart Justice; by Caitlin Dickson (Yahoo News Reporter), on June 4, 2020.
Tags: Police Brutality, Police Corruption, FBI Brutality, FBI Corruption, ATF Brutality, ATF Corruption, 42 USC Section 1983, 42 USC § 1983, Section 1983, Bivens v. Six Unknown Named Agents, Bivens Claim, Monell v. 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Kramer, Hernando County Deputy Sheriff Richard Kramer, Richard Kramer, FBI Special Agent in Charge Michael F. McPherson, Michael F. McPherson, Michael McPherson, ATF Special Agent in Charge Daryl R. McCrary, ATF Special Agent in Charge Daryl McCrary, Daryl McCrary, Kendra Corbitt, Timothy Snyder, Tim Snyder, Janine Richardson, Police Union Contracts, Law Professor Attorney Stephen Rushin, How We Prosecute The Police, Law Professor Attorney Kate Levine, Police Suspects, Interrogating Police Officers, Police Disciplinary Appeals, Ending The Internal Affairs Farce, Law Professor Attorney Rachel Moran, “Let The Sunshine In – Illuminating The Powerful Role Police Unions Play in Shielding Officer Misconduct”, Attorney Katherine J. Bies, “To Serve and Protect Each Other – How Police-Prosecutor Codependence Enables Police Misconduct”, Attorney Somil Trivedi and Professor Nicole Gonzalez Van Cleve, “Litigating The Blue Wall of Silence – How to Challenge The Police Privilege to Delay Investigation”, Attorney Aziz Huq, Attorney Richard McAdams, Importance of State Law in Police Reform, Law Professor Attorney Roger L. Goldman, “Revocation of Police Officer Certification – A Viable Remedy For Police Misconduct”, “How Governments Pay – Lawsuits, Budgets, and Police Reform”, Law Professor Attorney Joanna C. Schwartz, Pension Forfeiture and Police Misconduct, “Journal of Law, Economics & Policy”, “Changing The Law to Change Policing – First Steps”, Law Professor Attorney Barry Friedman, “Collective Bargaining Rights and Police Misconduct – Evidence From Florida”, Attorney Dhammika Dharmapala, Attorney John Rappaport, “Deadly Discretion – The Failure of Police Use of Force Policies to Meet Fundamental International Human Rights Law and Standards”, “University of Chicago Law School – International Human Rights Clinic”, “Deadly Force – Police Use of Lethal Force In The United States”, Amnesty International, “Get On The Ground! – Policing, Poverty, And Racial Inequality in Tulsa, Oklahoma, A Case Study of Us Law Enforcement”, HRW, Human Rights Watch, “Shielded From Justice – Police Brutality and Accountability In The United States”, Human Rights Watch, HRW, “Crime, Legitimacy, and Testilying”, Attorney I. Bennett Capers, Code of Silence, Jamie Kalven, The Intercept, “Proving The Lie – Litigating Police Credibility”, David N. Dorfman, “Testilying by Police: A Stubborn Problem”, Joseph Goldstein, The NY Times, “Deceit, Pretext, And Trickery – Investigative Lies by The Police”, Attorney Christopher Slobogin, “The ‘Blue Wall of Silence’ As Evidence of Bias and Motive to Lie – A New Approach to Police Perjury”, Attorney Gabriel Jackson Chin, “Testilying – Police Perjury and What to Do About It”, “Lies, True Lies, and Conscious Deception – Police Officers and The Truth”, Attorney Geoffrey P. Alpert, Attorney Jeffrey J. Noble, “Police Institutions and Police Abuse – Evidence From The U.S.”, Abdul N. Rad, “Police Perjury – A Factorial Survey”, Attorney Michael Oliver Foley and U.S. DOJ, “Cross-Examination of Arresting Officer – Principles, Custody, Motor Vehicle Stops and Searches, Drug Cases, Search Warrants, and Searches Incident to Arrests”, Attorney Kevin J. Mahoney, “California’s Police Lobby – How Police Associations Prevent The Nation’s Largest State From Addressing Police Violence”, Campaign Zero, “Factors In Police Misconduct Arbitration Outcomes – What Does It Take to Fire a Bad Cop”, Attorney Tyler Adams, Police Arbitration, What Police Learn From Lawsuits, “Police Integrity Lost – A Study of Law Enforcement Officers Arrested”, Professor Philip M. Stinson, Professor John Liederbach, Professor Steven P. Lab, The Wandering Officer, Attorney Ben Grunwald, Qualified Immunity’s Boldest Lie, Federal Practice Manual For Legal Aid Attorneys, Attorney Jeffrey S. Gutman, Is Qualified Immunity Unlawful, Law Professor Attorney William Baude, “Qualified Immunity and Statutory Interpretation – A Response to William Baude”, Law Professor Attorney Hillel Y. Levin, Law Professor Attorney Michael Lewis Wells, “Bivens Basics – An Introductory Guide For Immigration Attorneys”, American Immigration Council, A Litigator’s View of Discovery and Proof in Police Misconduct Policy and Practice Cases, Attorney G. Flint Taylor, Evaluating Your Potential Police Misconduct Civil Rights Case, Attorney Ben Rosenfeld, The Freedom of Information Act Trial, Law Professor Attorney Margaret B. Kwoka, Police Indemnification, How Qualified Immunity Fails, Police Privacy, Law Professor Attorney Rachel Moran, “Paying For Your Time – How Charging Inmates Fees Behind Bars May Violate The Excessive Fines Clause”, Attorney Lauren-Brooke Eisen, Law Enforcement’s ‘Warrior’ Problem, Attorney Seth W. Stoughton