Accountability - RSS Feed https://copblaster.com/ The latest reports content published on CopBlaster.com by the user Accountability Hundreds of Memphis Police Dept. employees disciplined last year MEMPHIS, Tenn. In a matter of roughly one year, 17-year-old Oshay Sims went from honor student and band member to murder suspect, then later set free. Once I explained to the prosecutor, we sat down with her and we went over everything, Sims Attorney Kamilah Turner said. She too was quite shocked that this is what the evidence looked like, and so thats how he ended up getting out of jail without having to make a bond. Turner said it was a rare decision on a serious charge. She took the case for free after an outcry from Sims teachers and others. Sims had confessed to killing 26-year-old Antaeus Colbert near an AutoZone parking lot near Airways and Lamar in June 2018. You have to have corroborating evidence or other evidence, other than a statement to convict somebody, Turner said. Police connected the victim and suspect through cell phone records, but witnesses and Sims own confession said someone else used his phone. There was not a murder weapon, and police obtained surveillance video from the wrong day. Court records show another person at the scene never identified Sims as the shooter, and friends put him elsewhere. So he just started making things up, and thats what the confession looked like to me, Turner said. It looked like somebody who was making things up and trying to fit into whatever they wanted him to say. Memphis police interrogated Sims for roughly eight hours, part of that time without his mother present, and it wasnt recorded. Documents show the officer advised Sims of his rights multiple times, Turner believes the confession was false and forced. I knew the officers that were involved in the case, I saw the names and quite frankly, I knew that some of them had reputations for doing things that are not always above board, Turner said. The WREG Investigators requested the officers personnel files. Thats when we noticed names of officers whod recently been in trouble. Sergeant Sheila Green was the lead homicide detective on Sims case. Her partner Lieutenant Eric Kelly assisted in the investigation. If those names sound familiar, its because WREG has mentioned them recently. Turner said that raises questions. Kelly is on a list of more than a dozen law enforcement officers being investigated by the DAs office for misconduct. He and Green traveled to Montgomery, Alabama, to interview a murder suspect. A woman named Bridgett Stafford rode shotgun on that taxpayer-funded trip. Stafford was a suspect in a unrelated murder case. Racy texts reveal Kelly had a sexual relationship with Stafford. Records reveal he gave her money, bought her weed and encouraged her to work as a stripper. Stafford told police she had marijuana Kelly purchased in the car during the trip, and smoked with Greens wife before leaving. Kelly retired amid an investigation, and Green was suspended for two days. Turner said shed heard about Kelly but wasnt aware of Greens involvement. WREG dug deeper into Greens file and found dozens of other violations, including two for excessive force. One involved an incident where she reportedly beat up a man after having to chase him. It was appealed through Civil Service and dropped. The other involved an arrest where Green pepper-sprayed a woman, then allegedly hit her during transport. Greens statements and jail logs showed conflicting times. Police said the woman could have sustained injuries otherwise but called Green deceitful in her portrayal of the facts and said her actions did not justify the use of chemical agent. And so, if weve found out about this one thing, and weve heard about these other things, how much more is there that we dont know? Turner said. MPD wouldnt go on camera, but a spokesperson pointed to court records to reiterate their officers following the rules in Sims case. Yet questions still remain. Nearly two months after Sims was released, he died in a car accident traveling to a family funeral. His attorneys were working to have the charges dismissed. Sims story was a partial catalyst behind two juvenile criminal justice reform bills introduced in the Tennessee General Assembly this year. One would require videotaping all interrogations of minors. The other requires a parent or guardian be present during interrogations. Both bills are up for a House subcommittee vote March 11. #sergeantsheilagreenmemphispolicedepartment ]]>

Hundreds of Memphis Police Dept. employees disciplined last year

Accountability Police Misconduct Reporting
Hundreds of Memphis Police Dept. employees disciplined last year
Sgt. Sheila Green

MEMPHIS, Tenn. In a matter of roughly one year, 17-year-old Oshay Sims went from honor student and band member to murder suspect, then later set free.


Once I explained to the prosecutor, we sat down with her and we went over everything, Sims Attorney Kamilah Turner said. She too was quite shocked that this is what the evidence looked like, and so thats how he ended up getting out of jail without having to make a bond.


Turner said it was a rare decision on a serious charge.


She took the case for free after an outcry from Sims teachers and others. Sims had confessed to killing 26-year-old Antaeus Colbert near an AutoZone parking lot near Airways and Lamar in June 2018.


You have to have corroborating evidence or other evidence, other than a statement to convict somebody, Turner said.


Police connected the victim and suspect through cell phone records, but witnesses and Sims own confession said someone else used his phone.


There was not a murder weapon, and police obtained surveillance video from the wrong day. Court records show another person at the scene never identified Sims as the shooter, and friends put him elsewhere.


So he just started making things up, and thats what the confession looked like to me, Turner said. It looked like somebody who was making things up and trying to fit into whatever they wanted him to say.


Memphis police interrogated Sims for roughly eight hours, part of that time without his mother present, and it wasnt recorded. Documents show the officer advised Sims of his rights multiple times, Turner believes the confession was false and forced.


I knew the officers that were involved in the case, I saw the names and quite frankly, I knew that some of them had reputations for doing things that are not always above board, Turner said.


The WREG Investigators requested the officers personnel files. Thats when we noticed names of officers whod recently been in trouble.


Sergeant Sheila Green was the lead homicide detective on Sims case. Her partner Lieutenant Eric Kelly assisted in the investigation. If those names sound familiar, its because WREG has mentioned them recently.


Turner said that raises questions.


Kelly is on a list of more than a dozen law enforcement officers being investigated by the DAs office for misconduct. He and Green traveled to Montgomery, Alabama, to interview a murder suspect.


A woman named Bridgett Stafford rode shotgun on that taxpayer-funded trip. Stafford was a suspect in a unrelated murder case.


Racy texts reveal Kelly had a sexual relationship with Stafford. Records reveal he gave her money, bought her weed and encouraged her to work as a stripper.


Stafford told police she had marijuana Kelly purchased in the car during the trip, and smoked with Greens wife before leaving. Kelly retired amid an investigation, and Green was suspended for two days.


Turner said shed heard about Kelly but wasnt aware of Greens involvement.


WREG dug deeper into Greens file and found dozens of other violations, including two for excessive force. One involved an incident where she reportedly beat up a man after having to chase him. It was appealed through Civil Service and dropped.


The other involved an arrest where Green pepper-sprayed a woman, then allegedly hit her during transport. Greens statements and jail logs showed conflicting times. Police said the woman could have sustained injuries otherwise but called Green deceitful in her portrayal of the facts and said her actions did not justify the use of chemical agent.


And so, if weve found out about this one thing, and weve heard about these other things, how much more is there that we dont know? Turner said.


MPD wouldnt go on camera, but a spokesperson pointed to court records to reiterate their officers following the rules in Sims case. Yet questions still remain.


Nearly two months after Sims was released, he died in a car accident traveling to a family funeral. His attorneys were working to have the charges dismissed.


Sims story was a partial catalyst behind two juvenile criminal justice reform bills introduced in the Tennessee General Assembly this year. One would require videotaping all interrogations of minors. The other requires a parent or guardian be present during interrogations.


Both bills are up for a House subcommittee vote March 11.

Hashtags: #sergeantsheilagreenmemphispolicedepartment

Source: Hundreds of Memphis Police Dept. employees disciplined last year

]]> https://copblaster.com/uploads/images/safe_image-1.jpg Hundreds of Memphis Police Dept. employees disciplined last year https://copblaster.com/blast/26028/hundreds-of-memphis-police-dept-employees-disciplined-last-year Police City Memphis Thu, 29 Oct 2020 23:45:49 GMT https://copblaster.com/blast/26028/hundreds-of-memphis-police-dept-employees-disciplined-last-year https://copblaster.com/blast/26028/hundreds-of-memphis-police-dept-employees-disciplined-last-year Accountability en-us Eric Kelly Memphis Police indicted MEMPHIS, Tenn. A former Memphis police officer has been indicted on three felony charges of misconduct, the Shelby County District Attorneys Office announced Tuesday. According to officials, 49-year-old Eric Kelly committed acts that constituted an unauthorized exercise of official power, committed acts under color of office or employment that exceeded his official power, and received a benefit not otherwise authorized by law. WREG first reported on Kellys case eight months ago when it came to light that he was reportedly having a sexual relationship with a murder suspect in a case he was working. At the time, he reportedly knew she was a high-up member of the Gangster Disciples. Documents show Kelly was the lead investigator in a case involving the murder of a 60-year-old chemist named Robert Glidden. They said during the investigation, he met a female suspect named Bridgett Stafford and charged her with accessory after the fact, saying that she drove the suspects somewhere to use the victims credit card. Bridget Stafford with Eric Kelly in background Documents showed he brought Stafford on a work trip to Alabama along with another officer Sgt. Sheila Green. The pair stayed in the same hotel room. During his internal affairs hearing, Kelly said the woman had nowhere to go and he took sympathy on her. According to the file, Stafford told them she smoked marijuana with Greens wife before they went on the trip. Documents also revealed how MPD found out about the relationship between the officer and suspect. That happened when her boyfriend told the FBI. MPD administratively charged Kelly with seven department violations. They admonished both Green and Kelly for not reporting the suspects presence on the trip to Alabama. In addition, documents showed Kelly got a $327 speeding ticket while on the trip but did not report it to MPD supervisors. They got pulled over while Stafford was in the car in possession of marijuana provided by Kelly, documents showed. He also gave Stafford more than $2,000 during their relationship as she became a stripper at the Gold Club, the documents said. Police files shed new light on ex-MPD officers affair with suspect A police department investigation found he violated policy, but before his hearing, he retired. Back then, D.A. Amy Weirich looked into the case and said there would be no criminal charges, saying at the time, there are no state criminal laws that Eric Kellys conduct violated. But a new unit established to review officer misconduct cases was just getting underway and Kellys case would be the first it would take up. The D.A.s office would not comment Tuesday on whether Kellys indictment came from that second review. WREG investigators spent months digging into Kellys MPD files earlier this year, finding a long list of disciplinary charges, suspensions and citizens complaints. A court date has not been set in this case. #erickelly #misconduct #gangaffiliation #officersgtsheilagreen ]]>

Eric Kelly Memphis Police indicted

Accountability Police Misconduct Reporting
Eric Kelly Memphis Police indicted
Lieutenant Eric Kelly Sgt.Sheila Green

MEMPHIS, Tenn. A former Memphis police officer has been indicted on three felony charges of misconduct, the Shelby County District Attorneys Office announced Tuesday.



According to officials, 49-year-old Eric Kelly committed acts that constituted an unauthorized exercise of official power, committed acts under color of office or employment that exceeded his official power, and received a benefit not otherwise authorized by law.


WREG first reported on Kellys case eight months ago when it came to light that he was reportedly having a sexual relationship with a murder suspect in a case he was working. At the time, he reportedly knew she was a high-up member of the Gangster Disciples.


Documents show Kelly was the lead investigator in a case involving the murder of a 60-year-old chemist named Robert Glidden.


They said during the investigation, he met a female suspect named Bridgett Stafford and charged her with accessory after the fact, saying that she drove the suspects somewhere to use the victims credit card.



Bridget Stafford with Eric Kelly in background

Documents showed he brought Stafford on a work trip to Alabama along with another officer Sgt. Sheila Green. The pair stayed in the same hotel room.


During his internal affairs hearing, Kelly said the woman had nowhere to go and he took sympathy on her.


According to the file, Stafford told them she smoked marijuana with Greens wife before they went on the trip.


Documents also revealed how MPD found out about the relationship between the officer and suspect. That happened when her boyfriend told the FBI.


MPD administratively charged Kelly with seven department violations. They admonished both Green and Kelly for not reporting the suspects presence on the trip to Alabama. In addition, documents showed Kelly got a $327 speeding ticket while on the trip but did not report it to MPD supervisors. They got pulled over while Stafford was in the car in possession of marijuana provided by Kelly, documents showed.


He also gave Stafford more than $2,000 during their relationship as she became a stripper at the Gold Club, the documents said.


Police files shed new light on ex-MPD officers affair with suspect

A police department investigation found he violated policy, but before his hearing, he retired.


Back then, D.A. Amy Weirich looked into the case and said there would be no criminal charges, saying at the time, there are no state criminal laws that Eric Kellys conduct violated.


But a new unit established to review officer misconduct cases was just getting underway and Kellys case would be the first it would take up.


The D.A.s office would not comment Tuesday on whether Kellys indictment came from that second review.


WREG investigators spent months digging into Kellys MPD files earlier this year, finding a long list of disciplinary charges, suspensions and citizens complaints.


A court date has not been set in this case.

Hashtags: #erickelly #misconduct #gangaffiliation #officersgtsheilagreen

Source: Eric Kelly Memphis Police indicted

]]> https://copblaster.com/uploads/images/safe_image.jpg Eric Kelly Memphis Police indicted https://copblaster.com/blast/26027/eric-kelly-memphis-police-indicted Police City Memphis Thu, 29 Oct 2020 23:30:31 GMT https://copblaster.com/blast/26027/eric-kelly-memphis-police-indicted https://copblaster.com/blast/26027/eric-kelly-memphis-police-indicted Accountability en-us Hopkinsville KY Christian County Sheriff's Major Jason Newby Carter V Newby The following Background section is taken from Carter's Complaint, the veracity of which is assumed for purposes of a Rule 12(b)(6) motion, as explained below. This case arises out of a criminal investigation and, later, a criminal prosecution in Christian County, Kentucky, which spanned from the 1990s into the 2010s. In September of 1994, Carter was a police officer in the town of Oak Grove, which is located in Christian County, Kentucky. [R. 1 at 3 (Carter Complaint).] At that time, he was also employed part-time as the custodian of the New Life Massage Parlor ("the Parlor"). [Id.] According to Carter, the Parlor was actually a front for a prostitution business. [Id.] Carter alleges that the Parlor was run with certain policies and procedures, including a sign-in sheet. [Id. at 4.] According to Carter, at approximately 2:00 A.M. on September 20, 1994, Carter left the Parlor, followed by the departure of three of the five employees one hour later. [Id.] Two employees remained alone in the building. [Id.] At approximately 3:45 A.M., the three Parlor employees returned to find the two employees who stayed behind shot and stabbed. [Id.] Both victims perished from their injuries. [Id.] After finding the two victims, the employees called the police. [Id.] Carter was called to the scene with his canine unit. [Id.] Carter alleges that "as the lead investigators had allowed approximately 30 individuals to enter the crime scene prior to [Carter]'s arrival, [Carter] never received any orders to utilize his canine unit in the investigation." [Id.] A few months after the homicide occurred, the Christian County Sheriff's Department took over the investigation with assistance from the Federal Bureau of Investigation. [Id. at 5.] Carter states that no charges were filed in relation to this investigation. [Id.] In 2006, the case, still unsolved, was transferred to the Kentucky State Police. [Id.] The case was assigned to Newby. [Id.] In November 2013, Newby secured an indictment in Christian County against Carter and two other individuals after testifying before a grand jury there. [Id.] Carter's Complaint alleges that Newby made "materially false statements and/or omissions . . . with reckless disregard for the truth" while testifying before the grand jury. [Id.] These statements, according to Carter, include but are not limited to the following: Newby testified that he interviewed Tammy Papler [an owner of the massage parlor] who said it was common knowledge that Ed Carter was wanting to take over the massage parlor business. That statement is false. In addition, there was no written statement from Newby regarding an interview of Tammy Papler. Newby testified, 'My opinion is he went there, too. He saw the girls leave, contacted Mr. Black, said there's two left in there.' This statement is false and/or made with a reckless disregard for the truth. There was no evidence of Carter seeing girls leave the massage parlor, no evidence that Carter contacted Mr. Black, and no evidence as to what statement Carter made to Mr. Black on the fabricated phone call. Newby testified that Carter's then wife, Carol, made statements that when Carter got home that night he was washing clothes which she thought was very odd. Carol's interview with the [FBI] makes no mention of Carter washing clothes that night or that Carol thought that washing clothes was odd. Newby never interviewed Carol. Newby testified that Carter and his co-defendant Duncan had been roommates less than a year before the murders. This statement was false. Carter and Duncan had not lived together, at the latest . . . over two years prior to the homicides . . .. Newby testified about a completely unrelated disappearance that had occurred in Oak Grove in 1992, and testified that Carter was the canine officer assigned to that case. That statement is false because Carter did not even become a canine officer until . . . over two years later. [Id. at 5-6.] Carter further alleges: In his profoundly shoddy investigation of the deaths, Defendant Newby failed to interview or collect any evidence from several customers of the massage parlor who were listed on the parlor's sign-in sheet, failed to pursue multiple viable alternate suspects of the murder, and failed to perform or have performed relevant DNA analysis of genetic material found in the mouth, ****, vagina, and fingernails of the deceased victims, despite the fact that the DNA collected did not match the Plaintiff or either of his criminal co-defendants. [Id. at 6.] Carter was "incarcerated from November 24, 2013, through September 14, 2016, when he was acquitted of all charges by jury trial." [Id. at 6.] Carter brought claims against Newby (1) for malicious prosecution under 42 U.S.C. 1983 and under Kentucky common law, and (2) for violations of procedural and substantive due process under the Fourteenth Amendment to the United States Constitution. [Id. at 7-8.] Newby filed the instant Motion pursuant to Rule 12(b)(6) to dismiss all of Carter's claims against him. [R. 8.] CONCLUSION For the foregoing reasons, IT IS HEREBY ORDERED: Newby's Motion to Dismiss, [R. 8], is DENIED as it pertains to Carter's malicious prosecution claims under Count I of the Complaint and GRANTED as it pertains to Carter's due process claims under Count II of the Complaint. A Telephonic Scheduling Conference is set for July 23, 2018 at 2:00 P.M. Court shall place the call. IT IS SO ORDERED. /s/ Thomas B. Russell, Senior Judge United States District Court cc: Counsel of Record July 13, 2018 ***Newby got a promotion to Major , after the false testimony listed above. ***Newby allegedly has complaints pending, including but limited to excessive force. ***4/24/20 Newby allegedly pulled over a car for speeding ( speed is disputed, no radar submitted). Newby allegedly told diver she had until his tow truck came to get insurance. Woman called ins. ( recorded) and attempted to get coverage updated. Newby played games and would not give back the needed paperwork to finish the coverage. Woman was distraught pleading with Newby asking " why are you doing this to me". He demanded her to get out of the car ( while she was still on the phone finishing). She was FULLY compliant as Newby escalated. While on the PUBLIC easement Newby began giving unlawful orders for her to move. In Newby's statement, he was trying to " protect her as SHE was walking into oncoming traffic" (*not true view video). As she complied with the unlawful order ( hands up while holding paperwork and a phone) Newby began to push and pull on her disabled arm, at times in the opposite direction of his order, at times his body blocking her movement to the ordered direction. She pulled away and yelled at him to get off her. This imo enraged the officer and she was instantly tackled to the ground. Newbys right-hand man Goulet watching and appeared to smile as Newby escalated (As he began to go hands-on/ tackle, view video). Newby allegedly put his hand over her mouth as she screamed. Woman was charged with disorderly conduct, when a plea was refused Felony Assult on an officer was added. Newby alleged he was bitten. Photo evidence imo does not show a bite but an abrasion. This " bite" was referred to in reports as an abrasion. Under oath, Newby testified he does NOT remember feeling pain at the moment he was " bit". His stories seem to change as he is easily confused and irritated when questioned under oath ( imo) reference video and testimony. There is also a video of possible witness intimidation in the case above. Stalking through the department, also in video Newby is seen driving past womans work and waving at her within days of her FOIA and complaints filed by an attorney in her civil rights case. Deputies have also been reported sitting outside of her house, a speed trap or plate reader was temporarily placed on her road ( small rd that one would find it unusual to see this). Woman, in this case, is a disabled single mother who does not even have the strength in her arm to resist. Never been in trouble and holding a stable job. Watching the video you can see Newby pulling her by her arm and causing extreme pain. The woman had multiple abrasions, swelling and cuts due to being tackled " to save her life". Viewing the video It does not seem the woman is walking into the road, It also appears Newby was pulling her bad arm back down towards himself in the opposite direction he instructed her to go, confusing, and escalating the situation. https://www.facebook.com/576858493/videos/pcb.10157655114578494/10157655108758494/ ***DISCLAIMER ALL COMMENTS ABOVE ARE NOT INTENDED TO BE VIEWED AS FACT. ALL COMMENTS ARE ALLEGED AND OR OUTSIDE OPINION, PLEASE REFERENCE VIDEO, FOIA, AND COURT RECORDS. WILL UPDATE OFFICIAL FOIA OF NEWBYS HISTORY AND DISCIPLINARY RECORDS*** #newby #hopkinsvilleky #falsestatements #excessiveforcecomplaints ]]>

Hopkinsville KY Christian County Sheriff's Major Jason Newby

Accountability Police Misconduct Reporting
Hopkinsville KY Christian County Sheriff's Major Jason Newby
Terrified disabled woman tackled 4-2020

Carter V Newby

The following Background section is taken from Carter's Complaint, the veracity of which is assumed for purposes of a Rule 12(b)(6) motion, as explained below. This case arises out of a criminal investigation and, later, a criminal prosecution in Christian County, Kentucky, which spanned from the 1990s into the 2010s. In September of 1994, Carter was a police officer in the town of Oak Grove, which is located in Christian County, Kentucky. [R. 1 at 3 (Carter Complaint).] At that time, he was also employed part-time as the custodian of the New Life Massage Parlor ("the Parlor"). [Id.] According to Carter, the Parlor was actually a front for a prostitution business. [Id.] Carter alleges that the Parlor was run with certain policies and procedures, including a sign-in sheet. [Id. at 4.]


According to Carter, at approximately 2:00 A.M. on September 20, 1994, Carter left the Parlor, followed by the departure of three of the five employees one hour later. [Id.] Two employees remained alone in the building. [Id.] At approximately 3:45 A.M., the three Parlor employees returned to find the two employees who stayed behind shot and stabbed. [Id.] Both victims perished from their injuries. [Id.] After finding the two victims, the employees called the police. [Id.] Carter was called to the scene with his canine unit. [Id.] Carter alleges that "as the lead investigators had allowed approximately 30 individuals to enter the crime scene prior to [Carter]'s arrival, [Carter] never received any orders to utilize his canine unit in the investigation." [Id.] A few months after the homicide occurred, the Christian County Sheriff's Department took over the investigation with assistance from the Federal Bureau of Investigation. [Id. at 5.] Carter states that no charges were filed in relation to this investigation. [Id.]


In 2006, the case, still unsolved, was transferred to the Kentucky State Police. [Id.] The case was assigned to Newby. [Id.] In November 2013, Newby secured an indictment in Christian County against Carter and two other individuals after testifying before a grand jury there. [Id.] Carter's Complaint alleges that Newby made "materially false statements and/or omissions . . . with reckless disregard for the truth" while testifying before the grand jury. [Id.] These statements, according to Carter, include but are not limited to the following:


Newby testified that he interviewed Tammy Papler [an owner of the massage parlor] who said it was common knowledge that Ed Carter was wanting to take over the massage parlor business. That statement is false. In addition, there was no written statement from Newby regarding an interview of Tammy Papler.


Newby testified, 'My opinion is he went there, too. He saw the girls leave, contacted Mr. Black, said there's two left in there.' This statement is false and/or made with a reckless disregard for the truth. There was no evidence of Carter seeing girls leave the massage parlor, no evidence that Carter contacted Mr. Black, and no evidence as to what statement Carter made to Mr. Black on the fabricated phone call.

Newby testified that Carter's then wife, Carol, made statements that when Carter got home that night he was washing clothes which she thought was very odd. Carol's interview with the [FBI] makes no mention of Carter washing clothes that night or that Carol thought that washing clothes was odd. Newby never interviewed Carol.


Newby testified that Carter and his co-defendant Duncan had been roommates less than a year before the murders. This statement was false. Carter and Duncan had not lived together, at the latest . . . over two years prior to the homicides . . ..


Newby testified about a completely unrelated disappearance that had occurred in Oak Grove in 1992, and testified that Carter was the canine officer assigned to that case. That statement is false because Carter did not even become a canine officer until . . . over two years later.

[Id. at 5-6.] Carter further alleges:

In his profoundly shoddy investigation of the deaths, Defendant Newby failed to interview or collect any evidence from several customers of the massage parlor who were listed on the parlor's sign-in sheet, failed to pursue multiple viable alternate suspects of the murder, and failed to perform or have performed relevant DNA analysis of genetic material found in the mouth, ****, vagina, and fingernails of the deceased victims, despite the fact that the DNA collected did not match the Plaintiff or either of his criminal co-defendants.

[Id. at 6.] Carter was "incarcerated from November 24, 2013, through September 14, 2016, when he was acquitted of all charges by jury trial." [Id. at 6.] Carter brought claims against Newby (1) for malicious prosecution under 42 U.S.C. 1983 and under Kentucky common law, and (2) for violations of procedural and substantive due process under the Fourteenth Amendment to the United States Constitution. [Id. at 7-8.] Newby filed the instant Motion pursuant to Rule 12(b)(6) to dismiss all of Carter's claims against him. [R. 8.]

CONCLUSION

For the foregoing reasons, IT IS HEREBY ORDERED: Newby's Motion to Dismiss, [R. 8], is DENIED as it pertains to Carter's malicious prosecution claims under Count I of the Complaint and GRANTED as it pertains to Carter's due process claims under Count II of the Complaint. A Telephonic Scheduling Conference is set for July 23, 2018 at 2:00 P.M. Court shall place the call.


IT IS SO ORDERED.


/s/

Thomas B. Russell, Senior Judge

United States District Court cc: Counsel of Record

July 13, 2018

***Newby got a promotion to Major , after the false testimony listed above.



***Newby allegedly has complaints pending, including but limited to excessive force.



***4/24/20 Newby allegedly pulled over a car for speeding ( speed is disputed, no radar submitted). Newby allegedly told diver she had until his tow truck came to get insurance. Woman called ins. ( recorded) and attempted to get coverage updated. Newby played games and would not give back the needed paperwork to finish the coverage. Woman was distraught pleading with Newby asking " why are you doing this to me". He demanded her to get out of the car ( while she was still on the phone finishing). She was FULLY compliant as Newby escalated. While on the PUBLIC easement Newby began giving unlawful orders for her to move. In Newby's statement, he was trying to " protect her as SHE was walking into oncoming traffic" (*not true view video). As she complied with the unlawful order ( hands up while holding paperwork and a phone) Newby began to push and pull on her disabled arm, at times in the opposite direction of his order, at times his body blocking her movement to the ordered direction. She pulled away and yelled at him to get off her. This imo enraged the officer and she was instantly tackled to the ground. Newbys right-hand man Goulet watching and appeared to smile as Newby escalated (As he began to go hands-on/ tackle, view video). Newby allegedly put his hand over her mouth as she screamed. Woman was charged with disorderly conduct, when a plea was refused Felony Assult on an officer was added. Newby alleged he was bitten. Photo evidence imo does not show a bite but an abrasion. This " bite" was referred to in reports as an abrasion. Under oath, Newby testified he does NOT remember feeling pain at the moment he was " bit". His stories seem to change as he is easily confused and irritated when questioned under oath ( imo) reference video and testimony. There is also a video of possible witness intimidation in the case above. Stalking through the department, also in video Newby is seen driving past womans work and waving at her within days of her FOIA and complaints filed by an attorney in her civil rights case. Deputies have also been reported sitting outside of her house, a speed trap or plate reader was temporarily placed on her road ( small rd that one would find it unusual to see this). Woman, in this case, is a disabled single mother who does not even have the strength in her arm to resist. Never been in trouble and holding a stable job. Watching the video you can see Newby pulling her by her arm and causing extreme pain. The woman had multiple abrasions, swelling and cuts due to being tackled " to save her life". Viewing the video It does not seem the woman is walking into the road, It also appears Newby was pulling her bad arm back down towards himself in the opposite direction he instructed her to go, confusing, and escalating the situation. https://www.facebook.com/576858493/videos/pcb.10157655114578494/10157655108758494/

***DISCLAIMER ALL COMMENTS ABOVE ARE NOT INTENDED TO BE VIEWED AS FACT. ALL COMMENTS ARE ALLEGED AND OR OUTSIDE OPINION, PLEASE REFERENCE VIDEO, FOIA, AND COURT RECORDS. WILL UPDATE OFFICIAL FOIA OF NEWBYS HISTORY AND DISCIPLINARY RECORDS***


Hashtags: #newby #hopkinsvilleky #falsestatements #excessiveforcecomplaints

Source: Hopkinsville KY Christian County Sheriff's Major Jason Newby

]]> https://copblaster.com/uploads/images/Screenshot (650).jpg Hopkinsville KY Christian County Sheriff's Major Jason Newby https://copblaster.com/blast/26025/hopkinsville-ky-christian-county-sheriffs-major-jason-newby Police City Hopkinsville Wed, 28 Oct 2020 14:29:20 GMT https://copblaster.com/blast/26025/hopkinsville-ky-christian-county-sheriffs-major-jason-newby https://copblaster.com/blast/26025/hopkinsville-ky-christian-county-sheriffs-major-jason-newby Accountability en-us