PUBLIC RECORD EMAILS

Violations at every level. May 31, 2021 at 7:25 PM

Violations at every level.


Galatians 5:1 <rick3458@gmail.com>

Mon, May 31, 2021 at 7:25 PM

To: alex.pichel@oregon.gov, oregon.sos@oregon.gov, Aaron.Fiedler@oregon.gov, audits.sos@oregon.gov, corporation.division@oregon.gov, OSPHR@osp.oregon, ospgeneralservices@osp.oregon.gov, oucr@osp.oregon.gov, ask.osp@osp.oregon.gov, opsgeneral@osp.oregon.gov, oregon.sfm@osp.oregon.gov, sheriff@co.yamhill.or.us, rseinc@gmail.com, info@oregonsheriffs.org, sheriff@co.marion.or.us, dan.jenkins@co.harney.or.us, police@bendoregon.gov, shpd@sweethomeor.gov, jlynn@sweethomeor.gov, rcummings@sweethomeor.gov, jogden@sweethomeor.gov, jvaneck@sweethomeor.gov, kmartin@sweethomeor.gov, badams@sweethomeor.gov, scarlson@sweethomeor.gov, ghamlin@sweethomeor.gov, dhickcox@sweethomeor.gov, emason@sweethomeor.gov, spotter@sweethomeor.gov, bprather@sweethomeor.gov, gsouthard@sweethomeor.gov, pleland@sweethomeor.gov, jgibbons@sweethomeor.gov, klyon@sweethomeor.gov, hmann@sweethomeor.gov, rvasfaret@sweethomeor.gov, rwarren@sweethomeor.gov, smorgan@sweethomeor.gov



I demand charges, SO DOES THE LAW.


ORS 431.120, 431.150, 431.170, 431.175, and 431.180 - ALL SAY that ANY mask or vaccine REQUIREMENT, MANDATE, or ANY other type of wording that would deprive ANYONE of access to any public accommodation, health care, or anything else protected under the Civil Rights Act of 1964, 18 USC 241 and 242, and the 1st, 4th, and 14th amendments.


I've put together a small list of crimes being committed in relation to the COERCION the OHA and Gov Kate Brown are IN THE COMMISSION OF CURRENTLY as well as EVERY OTHER state employee and sworn official until action is taken.


WE THE PEOPLE are also AUTHORIZED under ORS 133.005, 133.220 and 133.225 to effect an arrest by private person to stop the conduct of mass coercion(https://www.oregonlaws.org/ors/163.275) and extortion(https://www.oregonlaws.org/ors/164.075).


Any attempt to protect the persons involved with these serious human rights violations will be considered hindering.


ORS 162.225¹

Definitions for ORS 162.225 to 162.375

https://www.oregonlaws.org/ors/162.225


ORS 162.345¹

Defenses for hindering or compounding limited

https://www.oregonlaws.org/ors/162.345


ORS 162.235¹

Obstructing governmental or judicial administration

https://www.oregonlaws.org/ors/162.235


ORS 162.247¹

Interfering with a peace officer or parole and probation officer

https://www.oregonlaws.org/ors/162.247


ORS 162.295¹

Tampering with physical evidence

https://www.oregonlaws.org/ors/162.295


ORS 162.325¹

Hindering prosecution

https://www.oregonlaws.org/ors/162.325


ORS 162.385¹

Giving false information to a peace officer in connection with a citation or warrant

https://www.oregonlaws.org/ors/162.385


ORS 133.005¹

Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450

https://www.oregonlaws.org/ors/133.005


ORS 133.220¹

Who may make arrest

https://www.oregonlaws.org/ors/133.220


ORS 133.225¹

Arrest by private person

https://www.oregonlaws.org/ors/133.225


ORS 133.310¹

Authority of peace officer to arrest without warrant

https://www.oregonlaws.org/ors/133.310


ORS 161.255¹

Use of physical force by private person making citizen's arrest

https://www.oregonlaws.org/ors/161.255


OAR 259-008-0290

https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=277661

OAR 259-008-0300

https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=277669


ORS 431.120¹

Other duties of Oregon Health Authority (1)

https://www.oregonlaws.org/ors/431.120


ORS 431.150¹

Enforcement of public health laws generally

https://www.oregonlaws.org/ors/431.150


ORS 431.170¹

State enforcement of public health laws and rules when local public health administrator is delinquent

https://www.oregonlaws.org/ors/431.170


ORS 431.175¹

Warrant procedure

https://www.oregonlaws.org/ors/431.175


ORS 431.180¹

Interference with individual’s selection of health care provider, treatment or religious practice prohibited

(1)Nothing in ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties) or any other public health law of this state shall be construed as authorizing the Oregon Health Authority or its representatives, or any local public health authority or its representatives, to interfere in any manner with an individual’s right to select the physician, physician assistant, naturopathic physician or nurse practitioner of the individual’s choice or the individual’s choice of mode of treatment, nor as interfering with the practice of a person whose religion treats or administers sick or suffering people by purely spiritual means.


(2)This section does not apply to the laws of this state imposing sanitary requirements or rules adopted under the laws of this state imposing sanitary requirements. [Amended by 1977 c.582 §15; 2007 c.70 §238; 2009 c.595 §541; 2014 c.45 §49; 2015 c.736 §36; 2017 c.356 §59]

https://www.oregonlaws.org/ors/431.180


ORS 431.990¹

Penalties

https://www.oregonlaws.org/ors/431.990


ORS 163.275¹

Coercion

https://www.oregonlaws.org/ors/162.385


ORS 164.075¹

Extortion

https://www.oregonlaws.org/ors/162.385


ORS 166.155¹

Bias crime in the second degree

https://www.oregonlaws.org/ors/166.155


ORS 166.165¹

Bias crime in the first degree

https://www.oregonlaws.org/ors/166.165


ORS 166.720¹

Racketeering activity unlawful

https://www.oregonlaws.org/ors/166.720


The list honestly goes on and on. I haven't even listed federal crimes.


WE THE PEOPLE DEMAND PROSECUTION AND IMMEDIATE RETRACTION OF ANY MASK OR VACCINE MANDATES. THEY HAVE NO AUTHORITY PER ORS 431.180, and in fact make all mandate related actions, CRIMINAL.


By: Ricki Collin without prejudice.

Criminal actions Ignored by LAW ENFORCEMENT. Jun 2, 2021 at 12:47 PM

Criminal actions Ignored by LAW ENFORCEMENT.


Galatians 5:1 <rick3458@gmail.com>

Wed, Jun 2, 2021 at 12:47 PM

To: coralkarin@me.com, renegomez86@gmail.com


Undersheriff John Koch

Washington County Sheriff’s Office

503.846.2515

"Rick,


When we talked today you had some specific questions on Oregon Health Authority and Oregon Revised Statutes questions, specifically around ORS 431.181. Like I mentioned, I want to ensure your questions are clear so I can get our attorneys to weigh in. If you send me your specific questions, I will get you answers and then get back to you. I do appreciate your patience in trying to explain what your concerns are. As I mentioned there are several ways to interpret certain laws and we like to leave that to our experts who keep up on the current case law and decisions from the courts.

Thank you again,


John"

_________________________________________________


John, I very much appreciate your patience and correspondence, but let's be clear, I called to press charges/file a criminal report, not to ask questions, nor is that for you to decide per your own policies. I understand and comprehend what I am reading with no issues, and will proceed "pro se" against the entire department if you guys cannot follow your own policies. I do not wish any harm on the Sheriff's department, I am a fervent LEO supporter, but I am also a Veteran and OATHKEEPER. I DID NOT FIGHT TO COME HOME TO ENDORSED SLAVERY.

We the people of the State of Oregon to the end that Justice be established,

order maintained, and liberty perpetuated, do ordain this Constitution.—

ARTICLE I

BILL OF RIGHTS

Sec.

1. Natural rights inherent in people

2. Freedom of worship

3. Freedom of religious opinion

...

8. Freedom of speech and press

9. Unreasonable searches or seizures

10. Administration of justice

...

20. Equality of privileges and immunities of citizens

...

34. Slavery or involuntary servitude

Section 1. Natural rights inherent in people. We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.—

Section 2. Freedom of worship. All men shall be secure in the Natural right, to worship Almighty God according to the dictates of their own consciences.—

Section 3. Freedom of religious opinion. No law shall in any case whatever control the free exercise, and enjoyment of religeous [sic] opinions, or interfere with the rights of conscience.—

Section 8. Freedom of speech and press. No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.—

Section 9. Unreasonable searches or seizures. No law shall violate the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search, or seizure; and no warrant shall issue but upon probable cause, supported by oath, or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.—

Section 10. Administration of justice. No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in his person, property, or reputation.—

Section 20. Equality of privileges and immunities of citizens. No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens.—

Section 34. Slavery or involuntary servitude. There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted.— [Added to Bill of Rights as unnumbered section by vote of the people at time of adoption of the Oregon Constitution in accordance with section 4 of Article XVIII thereof](ORS 163.263¹

Subjecting another person to involuntary servitude in the second degree)

No competent(OAR requirement) man can say that religious rights are NOT being violated by the mask mandate(and any public accommodation/business vaccine mandates), and the mandate itself AND any signage(ORS 659A.409) is in fact COERCION and EXTORTION by ORS definition.

The only reason anyone is getting away with this, is because WCSO and all other oregon "Law Enforcement"(You have to actually ENFORCE THEM) are FAILING at your jobs, and worse, you believe you must consult your lawyer before making a LAWFUL action, that is grounds enough in my eyes, to find the sheriff's office incompetent of handling ORS related issues, which are at the COMPETENCY AND DISCRETION of the OFFICER and POLICIES by which he is BOUND BY ORS.

YOU CANNOT MANDATE ANYTHING MEDICAL OVER RELIGIOUS BELIEFS, NOR CAN YOU LAWFULLY ALLOW THE MANDATE TO BE PUBLISHED. You are, by ORS(your binding book - NOT YOUR DEPT LAWYER) guilty of ORS 162.405¹

Official misconduct in the second degree BY WAY OF ORS 163.275¹ - Coercion, UNTIL action is taken(ORS 163.285¹

Defense to coercion). You cannot LAWFULLY ignore crimes being committed and reported, per your own policies, federal US code, the constitution(s), and your SWORN OATH(perjury is a felony as well).

https://www.oregonlaws.org/ors/162.385

ORS 163.275¹

Coercion

Text

News

Annotations

Related Statutes

(1)A person commits the crime of coercion when the person compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by means of instilling in the other person a fear that, if the other person refrains from the conduct compelled or induced or engages in conduct contrary to the compulsion or inducement, the actor or another will:

(a)Unlawfully cause physical injury to some person;

(b)Unlawfully cause physical injury to some animal;

(c)Unlawfully cause damage to property;

(d)Engage in conduct constituting a crime;

(e)Falsely accuse some person of a crime or cause criminal charges to be instituted against the person;

(f)Cause or continue a strike, boycott or other collective action injurious to some person’s business, except that such a threat is not deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act;

(g)Testify falsely or provide false information or withhold testimony or information with respect to another’s legal claim or defense; or

(h)Unlawfully use or abuse the person’s position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.

(2)Coercion is a Class C felony. [1971 c.743 §102; 1983 c.546 §4; 1985 c.338 §1; 2007 c.71 §45; 2015 c.751 §1]

ORS 659A.409¹

Notice that discrimination will be made in place of public accommodation prohibited

• age exceptions

Text

News

Annotations

Related Statutes

Except as provided by laws governing the consumption of alcoholic beverages by minors, the use of marijuana items, as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), by persons under 21 years of age, the frequenting by minors of places of public accommodation where alcoholic beverages are served and the frequenting by persons under 21 years of age of places of public accommodation where marijuana items are sold, and except for special rates or services offered to persons 50 years of age or older, it is an unlawful practice for any person acting on behalf of any place of public accommodation as defined in ORS 659A.400 (Place of public accommodation defined) to publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any communication, notice, advertisement or sign of any kind to the effect that any of the accommodations, advantages, facilities, services or privileges of the place of public accommodation will be refused, withheld from or denied to, or that any discrimination will be made against, any person on account of race, color, religion, sex, sexual orientation, national origin, marital status or age if the individual is of age, as described in this section, or older. [Formerly 659.037; 2003 c.521 §3; 2005 c.131 §2; 2007 c.100 §7; 2015 c.614 §28]

(Might just want to read all of https://www.oregonlaws.org/ors/chapter/659A and related definitions)

WASHINGTON COUNTY SHERIFF’S OFFICE

Chief Deputy Jonathan Shaver

Effective: June 21, 2019

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JURISDICTION AND MUTUAL AID

Policy 101-R06 (05/31/19)

This policy applies to all certified law enforcement deputies and reserves.

1. Oregon Revised Statutes Govern Peace Officer Authority in Oregon.

Commissioned deputy sheriffs have full power and arrest authority as peace officers within the

boundaries of the State of Oregon pursuant to Oregon Revised Statutes. (Not the dept. Lawyer - THEY CAN BE CORRUPT TOO)

2. Primary Jurisdiction Includes Unincorporated Washington County.

The Washington County Sheriff’s Office has law enforcement jurisdiction throughout

Washington County, but its primary law enforcement focus is in the unincorporated areas.

Washington County is bounded by the counties of Clackamas, Clatsop, Columbia, Multnomah,

Tillamook, and Yamhill. Incorporated municipalities wholly or partly within Washington County

are: Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake

Oswego, North Plains, Portland, Rivergrove, Sherwood, Tigard, Tualatin, and Wilsonville. An

official map detailing the County’s boundaries is kept in the Washington County Consolidated

Communications Agency and in various locations throughout the Sheriff’s Office.

3. The Sheriff and Municipalities Within the County have Concurrent Jurisdiction.

The Washington County Sheriff’s Office has concurrent law enforcement jurisdiction with all

incorporated municipal police agencies within the County under ORS Chapter 133. However,

the Sheriff’s Office is primarily responsible for law enforcement in the unincorporated areas of

the County and in certain cities when under contract.

A deputy sheriff may initiate law enforcement action within a municipality when the deputy

reasonably believes that action is necessary. If a deputy initiates action that has the potential for

local jurisdiction response or an immediate threat to public safety, the deputy is encouraged to

advise the municipal agency with jurisdiction via dispatch or by contacting them directly.

4. Inter-Governmental Agreements (IGA) Govern Mutual Aid to Neighboring Jurisdictions

in Emergency Situations.

Cooperative enforcement projects or activities simply involving staff from the WCSO and other

agencies are not considered mutual aid and do not require the execution of a separate IGA or

memoranda of understanding (MOU). Examples of cooperative enforcement efforts are Driving

Under the Influence of Intoxicants (DUII) and traffic saturation, curfew sweeps, special events,

etc.

5. Interagency Teams and Task Forces Conform to Agreements Among Participating

Agencies.

Examples of special teams and task forces include:

Crisis Negotiations Unit

Interagency Firearms and Skills Training (IFAST)

Mobile Field Force (MFF)

Tactical Negotiations Team (TNT)

Westside Interagency Narcotics Team (WIN)

Supersedes: 101-R05 (09/03/13)

Position responsible for updates: Chief Deputy of Enforcement

CALEA: 2.1.1, 2.1.2

259-008-0300 Grounds for Denial, Revocation or Emergency Suspension of Public Safety Professional Certifications

(3) Discretionary Denial or Revocation of a Public Safety Professional’s Certifications.

(a) The Department may deny or revoke a public safety professional’s certifications based upon a finding that the public safety professional engaged in conduct that includes any or all of the following elements:

(A) Dishonesty. Dishonesty is intentional conduct that includes untruthfulness, dishonesty by admission or omission, deception, misrepresentation, falsification or reckless disregard for the truth;

(B) Misuse of Authority. Misuse of Authority is intentional conduct that includes the use or attempted use of one’s position or authority as a public safety professional to obtain a benefit, avoid a detriment or harm another; or

(C) Misconduct.

(i) Misconduct includes conduct that violates criminal laws, conduct that threatens or harms persons, property or the efficient operations of any agency, or discriminatory conduct;

(ii) For the purposes of this rule, discriminatory conduct includes a pattern of conduct or a single egregious act that evidences knowing and intentional discrimination based on the perception of a person’s race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age or any protected class as defined by state or federal law, and would lead an objectively reasonable person to conclude that the public safety professional cannot perform the duties of office in a fair and impartial manner.

(b) For the purposes of this rule, conduct subject to discretionary review includes, but is not limited to:

(A) A criminal disposition when the criminal disposition is not a conviction constituting mandatory grounds as defined in section (2) of this rule;

(B) Conduct related to an arrest, a criminal citation to appear or its equivalent, or a criminal disposition;

(C) Conduct related to circumstances concurrent to a separation of employment from a certifiable position such as, but not limited to, investigation, settlement agreement or allegations of misconduct;

(D) Conduct that violates the standards of student conduct defined in OAR 259-012-0010;

(E) Falsification of any information on any documents submitted to the Board or the Department; or

(F) Conduct identified through receipt or discovery of information that would lead an objectively reasonable person to conclude that the public safety professional violated Board established employment, training, or certification standards for public safety professionals.

(c) Review of discretionary criminal dispositions applies to criminal dispositions that occurred on or after January 1, 2001. The Department will not open a case to review criminal dispositions that occurred prior to January 1, 2001.

(4) The Department will not open a case on a criminal disposition or conduct that was previously reviewed by the Department, a Policy Committee or the Board and determined not to violate standards for public safety professional certification or resulted in no action to deny or revoke certification using the administrative rules in effect at the time of the review.

(a) Nothing in this rule precludes the Department from opening a case upon discovery of additional mandatory or discretionary grounds for denial or revocation.

(b) Nothing in this rule precludes the Department, a Policy Committee or the Board from considering previous criminal dispositions or conduct as an aggravating circumstance in a separate discretionary case review.

(5) The moral fitness standards defined in administrative rule in effect on the date the Department or the Board determined that the applicant or public safety professional was unfit for certification will continue to apply until the Final Order has been issued and all appeal rights have been exhausted regardless of whether the moral fitness standards have been subsequently amended or repealed.

(6) Emergency Suspension. The Department must issue an Emergency Suspension Order immediately suspending a public safety professional’s certifications when a Policy Committee, the Board or the Board’s Executive Committee finds that there is a serious danger to public health and safety.

(7) Any Board or Department action to deny, revoke or emergency suspend a public safety professional’s certifications will be administered in accordance with OAR 259-008-0300 through OAR 259-008-0340 and the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015.

Statutory/Other Authority: ORS 181A.410, ORS 183.341 & ORS 181A.640

WASHINGTON COUNTY SHERIFF’S OFFICE

Pat Garrett, Sheriff

Effective: January 23, 2020

DISTRIBUTING AND ACKNOWLEDGING RECEIPT OF POLICIES

Policy #106-R04 (01/22/20)

DISTRIBUTING

Applies to all staff.

1. The Sheriff’s Accreditation and Policy Manager Will Ensure Staff Have Access to All

Agency Policies in Electronic Form.

Responsibilities include:

Maintaining all WCSO and Jail written directives in PowerDMS

Maintaining an electronic backup copy of current directives in a shared network folder

Electronically distributing new or updated policies to “All Staff” or “Jail All” in PowerDMS

Enabling reports for supervisor use to confirm staff signatures on updates

2. A PowerDMS Distribution is Official Notice That a New Policy or Procedure is in Effect

(or an Existing One is Rescinded) and That Staff Must Read the Update.

3. Staff Should Read and Electronically Sign New Policies and Procedures or Updates

Within 10 Days of Electronic Distribution.

Staff acknowledge receiving and reading documents by electronically signing them in

PowerDMS. Staff are expected to read distributed written directives to the extent required to

identify impacts to their job and work group interactions; any questions about written directives

will be immediately addressed to a supervisor or manager.

4. The Sheriff’s Assistant Will Maintain a Master File of All Current, Superseded, and

Rescinded WCSO and Jail Policies.

These files will include records of reviews and other pertinent policy records. The files may be in

electronic or hard copy form.

See OAR 166-103-0010 for file retention requirements.

5. As Part of the WCSO Continuity of Operations Plan, a Hard Copy of Current Policy

Manuals Will be Maintained in Executive Administration and in the 24-hour Criminal

Records Office.

Staff assigned in those work groups to maintain hard copy manuals will process updates upon

receipt.

Supersedes: 106-R03 (04/11/13)

Position responsible for updates: Chief Deputy

CALEA: 12.2.1, 12.2.2

WASHINGTON COUNTY SHERIFF’S OFFICE

Pat Garrett, Sheriff

Effective: July 9, 2018

UNBIASED POLICING AND COLLECTING STOP DATA

Policy #201-R06 (02/01/18)

This policy applies to all staff.

Definitions.

Biased-Based Policing. An inappropriate reliance on characteristics such as race, ethnicity,

national origin, religion, sexual orientation, gender or gender identity, economic status, age,

cultural group, or disability as the basis for providing differing law enforcement service or

enforcement.

Officer-Initiated Pedestrian Stop. A detention of a pedestrian by a law enforcement officer,

not associated with a call for service.*

Officer-Initiated Traffic Stop. A detention of a driver of a motor vehicle by a law enforcement

officer, not associated with a call for service, for the purpose of investigating a suspected

violation of the Oregon Vehicle Code.*

*Oregon HB 2355 (2017) with change order, and CALEA standards for law enforcement

PRIMARY PRINCIPLES

The Washington County Sheriff’s Office (WCSO) does not condone biased policing during any

enforcement effort or in the form of disparate treatment in the delivery of any service. Our

values for professionalism and doing the right thing are rooted in strong policies, procedures

and the law. We provide ongoing training for staff and monitor data and complaints regularly for

compliance.

1. Biased-Based Policing, as Described in this Policy, is Prohibited.

2. Deputies Will Take Equivalent Enforcement Actions and Provide Equal Services to All

Persons in the Same or Similar Circumstances.

Deputies shall not consider individual demographics when performing law enforcement duties or

delivering police services except when such characteristics are relevant to the investigation.

3. Deputies Will Only Apply Police Authority or Take Police Action Based on Lawful

Authority, in Accordance With the Fourth Amendment of the United States Constitution

and the Oregon Constitution.

People in the community shall only be subjected to stops, seizures or detentions under a lawful

authority for police action, such as probable cause for an arrest or non-criminal violation and

reasonable suspicion for a criminal stop. Evidence seizures or confiscation of assets as

proceeds or instruments of a crime must have a criminal nexus and be based upon probable

cause.

Supersedes: 201-R05 (12/29/16)

Position responsible for updates: Professional Standards Supervisor

CALEA: 1.2.9

BIAS-BASED

201-R06

July 9, 2018

provided below (Go to Form).

In the event a complaint is made telephonically, the person taking

the complaint shall fill out as much information on the bias-based policing complaint form as is

available.

ANNUAL REPORTING

11. By January 31 Annually, the Sheriff’s Law Enforcement Technology Unit Will Enable

Annual Reporting of Stop Data to the Oregon Criminal Justice Commission Per HB 2355.

12. By January 31 Annually, the Professional Standards Unit Supervisor Will Submit

Bias-Based Policing Complaints for the Prior Calendar Year to the Law Enforcement

Contacts Policy and Data Review Committee.

The Department of State Police supplies a standard report form that meets ORS 131.925 that

must be sent with the complaint copies. A report is required, even if no complaints are received.

Information submitted may not include personal identifying information except for the approved

data described in ORS 131.925(4)(c).

13. By January 31 Annually, the Professional Standards Unit Supervisor Will Perform an

Annual Administrative Review for the Sheriff of Agency Practices that May Imply Bias-

Based Policing, Including Complaints or Concerns Expressed by the Public.

By January 31 of each year, the Professional Standards supervisor will provide the Sheriff a

summary of all bias-based policing or bias-based policing complaints and practices for the

preceding calendar year.

WASHINGTON COUNTY SHERIFF’S OFFICE

Pat Garrett, Sheriff

Effective: January 31, 2019

OATHS OF OFFICE AND COMMISSIONS

Policy #202-R05 (12/12/18)

Applies to all staff.

1. Sheriff’s Office Employees, Including Volunteers with Law Enforcement

Responsibilities, are Required to Swear to an Oath of Office and be Commissioned

Commensurate with Assigned Duties.

Employees must affirm that they will uphold the Constitutions of the United States of America

and the State of Oregon and enforce state law, Washington County ordinances, and agency

rules and regulations.

Any restrictions or limitations on law enforcement authority are outlined in a statement of

authority attached to the employee’s oath of office.

2. A Peace Officer Commission is Granted to Certified Deputies of Any Rank Employed

by the Sheriff’s Office.

This includes retirees who return to work or other temporary employees working in certified

deputy positions.

3. A Special Deputy Commission with Limitation is Granted to all Non-Certified

Employees of the Sheriff’s Office.

Limitations and authority are described in the Oath of Office.

4. A Reserve Deputy Sheriff Commission with Restrictions is Granted to Volunteers with

Peace Officer Authority.

5. A Retiree Commission with No Expiration is Granted to Peace Officers Who Have

Honorably Retired or Separated from the WCSO.

This commission authorizes the bearer to carry a concealed firearm consistent with the rules,

regulations and laws governing carrying and display. Retirees will not be scheduled for regular

duty but may be called upon to volunteer in case of emergency. To qualify as honorably

separated, the person must be qualified under LEOSA, including having at least 10 years of law

enforcement service.

See also:

HR 218 Law Enforcement Officer Safety Act (“LEOSA”), as Amended by the National Defense

Authorization Act of 2013

ORS 166.250, Unlawful possession of firearms

ORS 166.260, Persons not affected by ORS 166.250

6. A Limited Commission is Granted to WCSO Volunteers or Outside Agency Personnel

Who Enforce Specific Codes and Statutes.

Limitations and authority are described in the statement of authority attached to the person’s

oath of office.

Supersedes: 202-R04 (05/17/17)

Position responsible for updates: Sheriff

CALEA: 1.1.1, 1.2.1, 1.2.2

WASHINGTON COUNTY SHERIFF’S OFFICE

Pat Garrett, Sheriff

Effective: October 9, 2020

GENERAL CONDUCT

Policy #207-R09 (09/30/20)

Applies to all staff.

Public. Any person who is not Sheriff’s Office staff.

Staff. Employees, reserve deputies, volunteers, interns, and contract employees of the Sheriff’s

Office.

The public entrusts Washington County Sheriff's Office staff to provide quality public service

based on the highest ethical and professional standards. The community expects staff to take

pride in their commitment to serve, and to uphold high standards of personal conduct, both on

and off duty.

1. Professional Conduct

Staff will conduct themselves in the discharge of their duties and their relations with the public

and each other in a tactful and professional manner.

Staff must not publicly criticize the Sheriff's Office, its policies, programs, actions, or staff.

Nor must they perform any acts or make any written or oral statements that would impair or

diminish the orderly and effective operation, supervision, or discipline of the Sheriff’s Office.

Staff may comment on matters related to the Sheriff's Office that are of general public

concern to the community after taking reasonable steps to check the truth of the facts. If a

staff member is not speaking as an official representative of the Sheriff's Office, the staff

member must clearly state that he or she speaks only as a private citizen.

Staff must conduct themselves, on duty and off duty, in a manner that, in the mind of a

reasonable person, does not damage the positive public image, integrity, or reputation of the

Sheriff's Office.

2. Truthfulness

Absent legitimate safety or investigative purposes, staff must not lie, give misleading

information, withhold information with the intent to deceive, or falsify written, verbal, or electronic

communications in official reports or in their actions with another person or organization. Staff

will impart the whole truth when giving testimony or rendering an official report or statement.

Examples of situations where giving false information may be acceptable would include hostage

situations or when protecting the identity of informants or when performing undercover duties.

3. Courtesy and Respect

Staff must be respectful, courteous, diplomatic, and civil with the public and each other.

Staff will refrain from using coarse, loud, indecent, profane, condescending, insolent, or

unnecessarily harsh language.

Staff will maintain command bearing and strive to maintain a professional relationship with

the public.

Supersedes: 207-R08 (07/24/20)

Person responsible for updates: Chief Deputy

CALEA: 1.1.2, 26.1.1, 61.1.8

OJS: A-106, A-401, E-111

207-R09

October 9, 2020

A supervisor will make any criticism of a subordinate's performance or behavior directly to

the subordinate and, when practicable, in private.

Staff must address inmates by last names, such as Mr. Jones or Inmate Jones.

4. Respect for Diversity

Staff must show respect for the diversity of our community and coworkers. Derogatory remarks,

gestures, or other negative actions against anyone based on his or her nationality, race,

religion, sex, sexual orientation, gender, gender identity, disability, veteran’s status, or age are

prohibited.

5. Cooperation

Staff members are expected to seek affirmative ways to cooperate and work with each other,

public officials, and staff of other agencies to deliver lawful, effective, efficient, and safe

services.

Staff must make every attempt to understand the duties and responsibilities of other

Sheriff’s Office staff. They must consult with those staff when actions may reasonably affect

their duties and responsibilities.

In the performance of their duties, staff must help their coworkers when a request or need is

made known.

6. Rumors

Staff must not spread rumors (circulate a story or report of uncertain or doubtful truth) about

Sheriff’s Office policies, activities, staff, public events, or crimes. Reporting possible staff

misconduct or concerning behaviors to a supervisor is required and will not be considered

spreading rumors.

7. Knowledge and Enforcement of Laws

All staff will know the law and act, within their authority, to enforce all state and local laws and

ordinances. If any staff is granted authority to enforce federal law or directed by a federal judge

to take action, staff will act within their statutory authority and WCSO policy.

8. Knowledge and Enforcement of Policies and Orders

All staff will be knowledgeable of County and Sheriff’s Office policies, procedures, and orders

that apply to their duties. Any staff member who questions the clarity or intent of a policy,

procedure, or order will seek immediate clarification through the chain of command. Staff

members will, within their authority, enforce County and Sheriff’s Office policies, procedures, and

orders.

9. Record Confidentiality

Staff must maintain the confidentiality of all records, official reports, or statements within the

restrictions of federal or state law. Staff must not grant confidentiality if federal or state law

mandates openness on a specific record or meeting.

10. Protection of Records

Staff must not remove, make copies, divulge, alter or enter false data or make personal use of

any records, reports, letters, documents, recording tapes, pictures, criminal justice files, or other

official files, except in the course of official business, as authorized by law, or as the Sheriff

directs. Prohibited personal use includes viewing reports or other sensitive documents absent a

job-related need or purpose.

WASHINGTON COUNTY SHERIFF’S OFFICE

Sheriff Pat Garrett

Effective: March 24, 2020

CIVIL SUITSCON

NOTIFYING THE SHERIFF OF LEGAL ACTION

Policy #208-R03 (02/14/20)

Applies to all staff.

1. Staff Must Give Written Notice to the Sheriff of Impending Legal Actions or Allegations

That Could Affect or Disrupt the WCSO Workplace.

Examples include the filing of a civil suit, criminal allegations, the service of a protective order

(restraining or stalking order), any legal action among coworkers, or other legal process that

could affect or disrupt the WCSO workplace.

This policy does not apply to routine subpoenas to be a witness in a criminal case as part of

WCSO employment.

2. Written Notice to the Sheriff Must be Given Within 5 Days and Must Include Specific

Information.

Written notice must include:

The name of all plaintiffs and defendants

Date, time, location and a brief description of the allegations

Notice must be delivered within five business days of learning of the action or allegations

3. Employees Who Are Served with Any Type of Restraining Order or Who Are the Subject

of Criminal Investigations Must Immediately Notify an On-Duty Supervisor.

4. Any WCSO Staff Who Become Aware of Legal Actions Impacting Co-workers and

Requiring Notice to the Sheriff by this Policy are Required to Immediately Notify an On-

Duty Supervisor.

This applies to all staff, with or without supervisory authority.

Supersedes: 208-R02 (03-13-18)

Person responsible for updates: Undersheriff

ORS 659A.400¹

Place of public accommodation defined

Text

News

Annotations

Related Statutes

(1)A place of public accommodation, subject to the exclusions in subsection (2) of this section, means:

(a)Any place or service offering to the public accommodations, advantages, facilities or privileges whether in the nature of goods, services, lodgings, amusements, transportation or otherwise.

(b)Any place that is open to the public and owned or maintained by a public body, as defined in ORS 174.109 (“Public body” defined), regardless of whether the place is commercial in nature.

(c)Any service to the public that is provided by a public body, as defined in ORS 174.109 (“Public body” defined), regardless of whether the service is commercial in nature.

(2)A place of public accommodation does not include:

(a)A Department of Corrections institution as defined in ORS 421.005 (Definitions).

(b)A state hospital as defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205).

(c)A youth correction facility as defined in ORS 420.005 (Definitions).

(d)A local correction facility or lockup as defined in ORS 169.005 (Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800).

(e)An institution, bona fide club or place of accommodation that is in its nature distinctly private. [Formerly 30.675; 2013 c.429 §1; 2013 c.530 §4]

ORS 659A.403¹

Discrimination in place of public accommodation prohibited

Text

News

Annotations

Related Statutes

(1)Except as provided in subsection (2) of this section, all persons within the jurisdiction of this state are entitled to the full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, without any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, national origin, marital status or age if the individual is of age, as described in this section, or older.

(2)Subsection (1) of this section does not prohibit:

(a)The enforcement of laws governing the consumption of alcoholic beverages by minors and the frequenting by minors of places of public accommodation where alcoholic beverages are served;

(b)The enforcement of laws governing the use of marijuana items, as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), by persons under 21 years of age and the frequenting by persons under 21 years of age of places of public accommodation where marijuana items are sold; or

(c)The offering of special rates or services to persons 50 years of age or older.

(3)It is an unlawful practice for any person to deny full and equal accommodations, advantages, facilities and privileges of any place of public accommodation in violation of this section. [Formerly 30.670; 2003 c.521 §1; 2005 c.131 §1; 2007 c.100 §5; 2015 c.614 §27]

ORS 431.120¹

Other duties of Oregon Health Authority (1)

https://www.oregonlaws.org/ors/431.120

ORS 431.150¹

Enforcement of public health laws generally

https://www.oregonlaws.org/ors/431.150

ORS 431.170¹

State enforcement of public health laws and rules when local public health administrator is delinquent

https://www.oregonlaws.org/ors/431.170

ORS 431.175¹

Warrant procedure

https://www.oregonlaws.org/ors/431.175

ORS 431.180¹

Interference with individual’s selection of health care provider, treatment or religious practice prohibited

(1)Nothing in ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties) or any other public health law of this state shall be construed as authorizing the Oregon Health Authority or its representatives, or any local public health authority or its representatives, to interfere in any manner with an individual’s right to select the physician, physician assistant, naturopathic physician or nurse practitioner of the individual’s choice or the individual’s choice of mode of treatment, nor as interfering with the practice of a person whose religion treats or administers sick or suffering people by purely spiritual means.

(2)This section does not apply to the laws of this state imposing sanitary requirements or rules adopted under the laws of this state imposing sanitary requirements. [Amended by 1977 c.582 §15; 2007 c.70 §238; 2009 c.595 §541; 2014 c.45 §49; 2015 c.736 §36; 2017 c.356 §59]

https://www.oregonlaws.org/ors/431.180

ORS 431.990¹

Penalties

https://www.oregonlaws.org/ors/431.990

ORS 163.275¹

Coercion

https://www.oregonlaws.org/ors/162.385

ORS 164.075¹

Extortion

https://www.oregonlaws.org/ors/162.385

ORS 166.155¹

Bias crime in the second degree

https://www.oregonlaws.org/ors/166.155

ORS 166.165¹

Bias crime in the first degree

https://www.oregonlaws.org/ors/166.165

ORS 166.720¹

Racketeering activity unlawful

https://www.oregonlaws.org/ors/166.720

ORS 162.225¹

Definitions for ORS 162.225 to 162.375

https://www.oregonlaws.org/ors/162.225

ORS 162.345¹

Defenses for hindering or compounding limited

https://www.oregonlaws.org/ors/162.345

ORS 162.235¹

Obstructing governmental or judicial administration

https://www.oregonlaws.org/ors/162.235

ORS 162.247¹

Interfering with a peace officer or parole and probation officer

https://www.oregonlaws.org/ors/162.247

ORS 162.295¹

Tampering with physical evidence

https://www.oregonlaws.org/ors/162.295

ORS 162.325¹

Hindering prosecution

https://www.oregonlaws.org/ors/162.325

ORS 162.385¹

Giving false information to a peace officer in connection with a citation or warrant

https://www.oregonlaws.org/ors/162.385

ORS 133.005¹

Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450

https://www.oregonlaws.org/ors/133.005

ORS 133.220¹

Who may make arrest

https://www.oregonlaws.org/ors/133.220

ORS 133.225¹

Arrest by private person

https://www.oregonlaws.org/ors/133.225

ORS 133.310¹

Authority of peace officer to arrest without warrant

https://www.oregonlaws.org/ors/133.310

ORS 161.255¹

Use of physical force by private person making citizen's arrest

https://www.oregonlaws.org/ors/161.255

OAR 259-008-0290

https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=277661

OAR 259-008-0300

https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=277669

The list honestly goes on and on. I haven't even listed federal crimes. But if you'd like you can start with 18 USC 241 and 242

https://www.law.cornell.edu/uscode/text/42/1985

https://www.law.cornell.edu/uscode/text/42/1986

https://www.law.cornell.edu/uscode/text/42/1987

https://www.law.cornell.edu/uscode/text/42/2000a

https://www.law.cornell.edu/uscode/text/42/2000a-1

https://www.law.cornell.edu/uscode/text/42/2000a-2

https://www.law.cornell.edu/uscode/text/42/2000a-6

https://www.law.cornell.edu/uscode/text/18/241

https://www.law.cornell.edu/uscode/text/18/242

https://www.law.cornell.edu/uscode/text/18/249 - RELIGIOUS HATE CRIME.

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

WE THE PEOPLE DEMAND PROSECUTION AND IMMEDIATE RETRACTION OF ANY MASK OR VACCINE MANDATES. THEY HAVE NO AUTHORITY PER ORS 431.180, and in fact make all mandate related actions, CRIMINAL.

WE THE PEOPLE's AUTHORITY TO ARREST ANYONE, FOR ANY CRIME, AT ANY TIME DURING THE COMMISSION OF SAID CRIME, JUSTIFIED.

ORS 133.005

ORS 133.220

ORS 133.225

ORS 161.195

ORS 161.200

ORS 161.255

(Might just want to read all of ORS 161.)


Bennett v. Boggs, 1 Baldw 60, “Statutes that violate the plain and obvious principles of common right and common reason are null and void”. Would we not say that these judicial decisions are straight to the point –that there is no lawful method for government to put restrictions or limitations on rights belonging to the people? Other cases are even more straight forward: “The assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of practice.”


Davis v. Wechsler , 263 US 22, 24. “Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.”


Miranda v. Arizona, 384 US 436, 491. “The claim and exercise of a constitutional right cannot be converted into a crime.”


Miller v. US, 230 F 486, 489. “There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights.”


Sherer v. Cullen , 481 F 946. We could go on, quoting court decision after court decision, however, the Constitution itself answers our question � Can a government legally put restrictions on the rights of the American people at anytime, for any reason? The answer is found in Article Six of the U.S. Constitution: Miranda v. Arizona, 384 U.S. 426, 491; 86 S. Ct. 1603 “Where rights secured by the Constitution are involved, there can be no ‘rule making’ or legislation which would abrogate them.”


Norton v. Shelby County , 118 U.S. 425 p. 442

“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.”


Sherar v. Cullen , 481 F. 2d 946 (1973)

“There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”


Simmons v. United States , 390 U.S. 377 (1968)

“The claim and exercise of a Constitution right cannot be converted into a crime”… “a denial of them would be a denial of due process of law”.


Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401 (1958)

Note: Any judge who does not comply with his oath to the Constitution of the United States wars against that Constitution and engages in acts in violation of the supreme law of the land. The judge is engaged in acts of treason. The U.S. Supreme Court has stated that “no state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it”. See also In Re Sawyer, 124 U.S. 200 (188); U.S. v. Will, 449 U.S. 200, 216, 101 S. Ct. 471, 66 L. Ed. 2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L. Ed 257 (1821).


Hoffsomer v. Hayes, 92 Okla 32, 227 F. 417 “The courts are not bound by an officer’s interpretation of the law under which he presumes to act.”


Marbury v. Madison, 5 U.S. (2 Cranch) 137, 180 (1803) “… the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts,as well as other departments, are bound by that instrument.” “In declaring what shall be the supreme law of the land, the Constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank”. “All law (rules and practices) which are repugnant to the Constitution are VOID”. Since the 14th Amendment to the Constitution states “NO State (Jurisdiction) shall make or enforce any law which shall abridge the rights, privileges, or immunities of citizens of the United States nor deprive any citizens of life, liberty, or property, without due process of law, … or equal protection under the law”, this renders judicial immunity unconstitutional.


Scheuer v. Rhodes, 416 U.S. 232, 94 S. Ct. 1683, 1687 (1974) Note: By law, a judge is a state officer. The judge then acts not as a judge, but as a private individual (in his person). When a judge acts as a trespasser of the law, when a judge does not follow the law, the Judge loses subject-matter jurisdiction and the judges’ orders are not voidable, but VOID, and of no legal force or effect. The U.S. Supreme Court stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.”


Miller v. U.S., 230 F. 2d. 486, 490; 42

“There can be no sanction or penalty imposed upon one, because of his exercise of constitutional rights.”


Murdock v. Pennsylvania, 319 U.S. 105

“No state shall convert a liberty into a license, and charge a fee therefore.”


Shuttlesworth v. City of Birmingham, Alabama, 373 U.S. 262

“If the State converts a right (liberty) into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity.”


Brinegar v. U.S.,388 US 160 (1949) Probable Cause to Arrest – Provides details on how to determine if a crime has been or is being committed.


Carroll v. U.S., 267 US 132 (1925) Probable Cause to Search – Provides details on the belief that seizable property exists in a particular place or on a particular person.


Draper v. U.S. (1959) Probable cause is where known facts and circumstances, of a reasonably trustworthy nature, are sufficient to justify a man of reasonable caution in the belief that a crime has been or is being committed. Reasonable man definition; common textbook definition; comes from this case.


Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 “The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice.”


Elmore v. McCammon (1986) 640 F. Supp. 905 “… the right to file a lawsuit pro se is one of the most important rights under the constitution and laws.”


Haines v. Kerner, 404 U.S. 519 (1972) “Allegations such as those asserted by petitioner, however in artfully pleaded, are sufficient”… “which we hold to less stringent standards than formal pleadings drafted by lawyers.”


Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240 ; Pucket v. Cox,456 2nd 233 Pro se pleadings are to be considered without regard to technicality; pro se litigants’ pleadings are not to be held to the same high standards of perfection as lawyers.


Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals The plaintiff’s civil rights pleading was 150 pages and described by a federal judge as “inept”. Nevertheless, it was held “Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff’s Pleadings without regard to technicalities.”


Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).


Sims v. Aherns, 271 SW 720 (1925) “The practice of law is an occupation of common right.” “Because of what appears to be a lawful command on the surface, many Citizens, because of their respect for what appears to be law, are cunningly coerced into waiving their rights due to

ignorance.”


US v Minker, 350 US 179 at 187(1956) Supreme Court of the United States 1795 “Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with anything other than corporate, artificial persons and the contracts between them.”


S.C.R. 1795, Penhallow v. Doane’s Administraters (3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54), “The prosecutor is not a witness; and he should not be permitted to add to the record either by subtle or gross improprieties. Those who have experienced the full thrust of the power of government when leveled against them know that the only protection the citizen has is in the requirement for a fair trial.”


Donnelly v. Dechristoforo, 1974.SCT.41709 ¶ 56; 416 U.S. 637 (1974) McNally v. U.S., 483 U.S. 350, 371-372, Quoting U.S. v Holzer, 816 F.2d. 304, 307 Fraud in its elementary common law sense of deceit… includes the deliberate concealment of material information in a setting of

fiduciary obligation. A public official is a fiduciary toward the public,… and if he deliberately conceals material information from them he is guilty of fraud.

“The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings.”


Hagans v Lavine 415 U. S. 533. “A judgment rendered by a court without personal jurisdiction over the defendant is void. It is a nullity.”


Sramek v. Sramek, 17 Kan. App 2d 573, 576-7, 840 P. 2d 553 (1992) rev. denied 252 Kan. 1093(1993) “The law provides that once State and Federal jurisdiction has been challenged, it musts be proven.”


Main v Thiboutot, 100 S Ct. 2502(1980) “Jurisdiction can be challenged at any time,” and “Jurisdiction, once challenged, cannot be assumed and must be decided.”


Basso v. Utah Power & Light Co. 395 F 2d 906, 910 “Once challenged, jurisdiction cannot be assumed, it must be proved to exist.”


Stock v. Medical Examiners 94 Ca 2d 751. 211 P2d 289 In Interest of M.V., 288 Ill.App.3d 300, 681 N.E.2d 532 (1st Dist. 1997) “Where a court’s power to act is controlled by statute, the court is governed by the rules of limited jurisdiction, and courts exercising jurisdiction over such matters must proceed within the structures of the statute.” “The state citizen is immune from any and all government attacks and procedure, absent contract.” see, Dred Scott vs. Sanford, 60 U.S. (19 How.) 393 or as the Supreme Court has stated clearly, “…every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellowmen without his consent.”


CRUDEN vs. NEALE, 2 N.C. 338 2 S.E. 70 “Corpus delecti consists of a showing of “1) the occurrence of the specific kind of injury and 2) someone’s criminal act as the cause of the injury.”


Johnson v. State, 653 N.E.2d 478, 479 (Ind. 1995). “State must produce corroborating evidence of “corpus delecti,” showing that injury or harm constituting crime occurred and that injury or harm was caused by someone’s criminal activity.”


Jorgensen v. State, 567 N.E.2d 113, 121. “To establish the corpus delecti, independent evidence must be presented showing the occurrence of a specific kind of injury and that a criminal act was the cause of the injury.”


Porter v. State , 391 N.E.2d 801, 808-809. “When governments enter the world of commerce, they are subject to the same burdens as any private firm or corporation” — U.S. v. Burr, 309 U.S. 242 See: 22 U.S.C.A.286e, Bank of U.S. vs. Planters Bank of Georgia, 6L, Ed. (9 Wheat) 244; 22 U.S.C.A. 286 et seq., C.R.S. 11-60-103


TREZEVANT CASE DAMAGE AWARD STANDARD

“Evidence that motorist cited for traffic violation was incarcerated for 23 minutes during booking process, even though he had never been arrested and at all times had sufficient cash on hand to post bond pending court disposition of citation, was sufficient to support finding that municipality employing officer who cited motorist and county board of criminal justice, which operated facility in which motorist was incarcerated, had unconstitutionally deprived motorist of

his right to liberty. 42 U.S.C.A. Sec. 1983.” Trezevant v. City of Tampa (1984) 741 F.2d 336, hn. 1 “Jury verdict of $25,000 in favor of motorist who was unconstitutionally deprived of his liberty when incarcerated during booking process following citation for traffic violation was not excessive in view of evidence of motorist’s back pain during period of incarceration and jailor’s refusal to provide medical treatment, as well as fact that motorist was clearly entitled to compensation for incarceration itself and for mental anguish that he had suffered from entire episode. 42 U.S.C.A. Sec. 1983.” Trezevant v. City of Tampa (1984) 741 F.2d 336, hn. 5


Mattox v. U.S., 156 US 237,243. (1895) “We are bound to interpret the Constitution in the light of the law as it existed at the time it was adopted.”


SHAPIRO vs. THOMSON, 394 U. S. 618 April 21, 1969. Further, the Right to TRAVEL by private conveyance for private purposes upon the Common way can NOT BE INFRINGED. No license or permission is required for TRAVEL when such TRAVEL IS NOT for the purpose of [COMMERCIAL] PROFIT OR GAIN on the open highways operating under license IN COMMERCE. “The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government.”


City of Dallas v Mitchell, 245 S.W. 944 “To take away all remedy for the enforcement of a right is to take away the right itself. But that is not within the power of the State.”


Poindexter v. Greenhow, 114 U.S. 270, 303 (1885). Brady v. U.S., 397 U.S. 742, 748, (1970) “Waivers of Constitutional Rights, not only must they be voluntary, they must be knowingly intelligent acts done with sufficient awareness.”


Carnley v. Cochran, 369 U.S. 506, 516 (1962), “Presuming waiver from a silent record is impermissible. The record must show, or there must be an allegation and evidence which show, that an accused was offered counsel but intelligently and understandingly rejected the offer. Anything less is not waiver.”


Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958). “No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.” The constitutional theory is that we the people are the sovereigns, the state and federal officials only our agents.” “The individual, unlike the corporation, cannot be taxed for the mere privilege of existing. The corporation is an artificial entity which owes its existence and charter powers to the state; but, the individual’s rights to live and own property are natural rights for the enjoyment of which an excise cannot be imposed.”


Redfield v Fisher, 292 P 813, at 819 [1930] “…an officer may be held liable in damages to any person injured in consequence of a breach of any of the duties connected with his office…The liability for nonfeasance, misfeasance, and for malfeasance in office is in his ‘individual’ , not his official capacity…”


70 Am. Jur. 2nd Sec. 50, VII Civil Liability

“Fraud destroys the validity of everything into which it enters,”


Nudd v. Burrows, 91 U.S 426. “Fraud vitiates everything”


Boyce v. Grundy, 3 Pet. 210 “Fraud vitiates the most solemn contracts, documents and even judgments.”


U.S. v. Throckmorton, 98 US 61 WHEREAS, officials and even judges have no immunity (See, Owen vs. City of Independence, 100 S Ct. 1398; Maine vs. Thiboutot, 100 S. Ct. 2502; and Hafer vs. Melo, 502 U.S. 21; officials and judges are deemed to know the law and sworn to uphold the law; officials and judges cannot claim to act in good faith in willful deprivation of law, they certainly cannot plead ignorance of the law, even the Citizen cannot plead ignorance of the law, the courts have ruled there is no such thing as ignorance of the law, it is ludicrous for learned officials and judges to plead ignorance of the law therefore there is no immunity, judicial or otherwise, in matters of rights secured by the Constitution for the United States of America. See: Title 42 U.S.C. Sec. 1983. “When lawsuits are brought against federal officials, they must be brought against them in their “individual” capacity not their official capacity. When federal officials perpetrate constitutional torts, they do so ultra vires (beyond the powers) and lose the shield of immunity.”


Williamson v. U.S. Department of Agriculture, 815 F.2d. 369, ACLU Foundation v. Barr, 952 F.2d. 457, 293 U.S. App. DC 101, (CA DC 1991). “It is the duty of all officials whether legislative, judicial, executive, administrative, or ministerial to so perform every official act as not to violate constitutional provisions.”


Montgomery v state 55 Fla. 97-45S0.879 a. “Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with anything other than corporate, artificial persons and the contracts between them.”


S.C.R. 1795, Penhallow v. Doane’s Administrators 3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54; and, b. “the contracts between them” involve U.S. citizens, which are deemed as Corporate Entities: c. “Therefore, the U.S. citizens residing in one of the states of the union, are classified as property and franchises of the federal government as an “individual entity””, Wheeling Steel Corp. v. Fox, 298 U.S. 193, 80 L.Ed. 1143, 56 S.Ct. 773


Alexander v. Bothsworth, 1915. “Party cannot be bound by contract that he has not made or authorized. Free consent is an indispensable element in making valid contracts.”


HALE v. HENKEL 201 U.S. 43 at 89 (1906) Hale v. Henkel was decided by the united States Supreme Court in 1906. The opinion of the court states: “The “individual” may stand upon “his Constitutional Rights” as a CITIZEN. He is entitled to carry on his “private” business in his own way. “His power to contract is unlimited.” He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to incriminate him. He owes no duty to the State, since he receives nothing there from, beyond the protection of his life and property. “His rights” are such as “existed” by the Law of the Land (Common Law) “long antecedent” to the organization of the State”, and can only be taken from him by “due process of law”, and “in accordance with the Constitution.” “He owes nothing” to the public so long as he does not trespass upon their rights.”


HALE V. HENKEL 201 U.S. 43 at 89 (1906) Hale v. Henkel is binding on all the courts of the United States of America until another Supreme Court case says it isn’t. No other Supreme Court case has ever overturned Hale v. Henkel None of the various issues of Hale v. Henkel has ever been overruled since 1906, Hale v. Henkel has been cited by the Federal and State Appellate Court systems over 1,600 times! In nearly every instance when a case is cited, it has an impact

on precedent authority of the cited case. Compared with other previously decided Supreme Court cases, no other case has surpassed Hale v. Henkel in the number of times it has been cited by the courts. “The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government.”

City of Dallas v Mitchell, 245 S.W. 944 “An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault

and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260). TITLE 18

> PART I > CHAPTER 2 > § 31Definitions (6) Motor vehicle. The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo. “Highways are for the use of the traveling public, and all have the right to use them in a reasonable and proper manner; the use thereof is an inalienable right of every citizen.” Escobedo v. State 35 C2d 870 in 8 Cal Jur 3d p.27 The use of the automobile as a necessary adjunct to the earning of a livelihood in modern life requires us in the interest of realism to conclude that the RIGHT to use an automobile on the public highways partakes of the of a liberty within the meaning of the Constitutional guarantees. …” Berberian v. Lussier (1958) 139 A2d 869, 872 “The RIGHT of the citizen to DRIVE on the public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts.”

People v. Horton 14 Cal. App. 3rd 667 (1971) “A “US Citizen” upon leaving the District of Columbia becomes involved in “interstate commerce”, as a “resident” does not have the common-law right to travel, of a Citizen of one of the several states.”

Hendrick v. Maryland S.C. Reporter’s Rd. 610-625. (1914) “One who DRIVES an automobile is an operator within meaning of the Motor Vehicle Act.”

Pontius v. McClean 113 CA 452 “The word ‘operator’ shall not include any person who solely transports his own property and who transports no persons or property for hire or compensation.” Statutes at Large California Chapter 412 p.833 “The right of a citizen to travel upon the public highways and to transport his property thereon, by horse-drawn carriage, wagon, or automobile is not a mere privilege which may be permitted or prohibited at will, but a common right which he has under his right to life, liberty, and the pursuit of happiness.”

Slusher v. Safety Coach Transit Co., 229 Ky 731, 17 SW2d 1012, and affirmed by the Supreme Court in Thompson v. Smith 154 S.E. 579.

Also See:

– EDWARDS VS. CALIFORNIA, 314 U.S. 160

– TWINING VS NEW JERSEY, 211 U.S. 78

– WILLIAMS VS. FEARS, 179 U.S. 270, AT 274

– CRANDALL VS. NEVADA, 6 WALL. 35, AT 43-44

– THE PASSENGER CASES, 7 HOWARD 287, AT 492

– U.S. VS. GUEST, 383 U.S. 745, AT 757-758 (1966)

– GRIFFIN VS. BRECKENRIDGE, 403 U.S. 88, AT 105-106 (1971)

– CALIFANO VS. TORRES, 435 U.S. 1, AT 4, note 6

– SHAPIRO VS. THOMPSON, 394 U.S. 618 (1969)

– CALIFANO VS. AZNAVORIAN, 439 U.S. 170, AT 176 (1978)


Here are some more documents showing that PROTECTED CLASSES CANNOT BE DISCRIMINATED AGAINST.


ORS 413.032¹

Establishment of Oregon Health Authority

(1)The Oregon Health Authority is established. The authority shall:

(a)Carry out policies adopted by the Oregon Health Policy Board

https://www.oregonlaws.org/ors/413.032


ORS 413.042¹

Rules

In accordance with applicable provisions of ORS chapter 183, the Director of the Oregon Health Authority may adopt rules necessary for the administration of the laws that the Oregon Health Authority is charged with administering. [2009 c.595 §14]


ORS 413.014¹

Rules

In accordance with applicable provisions of ORS chapter 183, the Oregon Health Policy Board may adopt rules necessary for the administration of the laws that the board is charged with administering. [2009 c.595 §6]


Oregon Health Authority

Chapter 943

Division 5

INDIVIDUAL RIGHTS

943-005-0010

Non-Discrimination Policy


(1) The Authority shall not, either directly or through another entity, discriminate against any individual, or harass, exclude from participation, or deny the benefit of programs, services or activities because the individual belongs to a protected class.


(2) The Authority shall not discriminate against an individual in the granting of licenses and certificates because the individual is part of a protected class.


(3) The Authority shall not apply criteria, standards, or practices that screen out or tend to screen out individuals in a protected class from fully and equally enjoying any goods, programs, services, or activities unless:


(a) The criteria can be shown to be necessary for providing those goods, programs, services or activities; or


(b) The Authority determines the screening or exclusion identifies a direct threat to the health or safety of others.


(4) The Authority shall provide programs, services, and activities in the most integrated setting possible to meet the needs of individuals within the context of the program, service, or activity.


(5) The Authority shall not require an individual to participate in programs, services, or activities that are separate or different, despite the existence of permissibly separate or different programs or activities.


(6) The Authority shall ensure each program, service, or activity, including public meetings, hearings and events, are usable by all individuals. This includes respecting the individual’s dignity by providing individuals with disabilities the ability to safely approach, enter, operate, and participate in the program, service, or activity with or without reasonable modifications.


(7) The Authority shall ensure each program, service, or activity provides individuals with the opportunity to access translation, oral and sign language interpreters, auxiliary aids or services and other alternative methods of communications, including help for non-English speaking individuals and limited English proficiency (LEP) persons.


(8) The Authority shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others.


(9) The Authority shall not deny individuals the opportunity to participate on planning or advisory boards based on the individual’s protected class.


(10) The Authority shall not discriminate against individuals due to their relationship or association with one or more individuals in a protected class.


(11) The Authority shall not retaliate against any individual filing a report of discrimination or harassment.


(12) The Authority shall comply with the following statutes and regulations:


(a) Title VI of the Civil Rights Act of 1964 prohibiting discrimination in the delivery of services based on race, color or national origin (42 USC §2000d), and the United States Department of Justice (DOJ) implementing regulations at 28 C.F.R. Part 42, Subpart C.


(b) The Omnibus Crime Control and Safe Streets Act of 1968, prohibiting discrimination in the delivery of services based on race, color, national origin, religion, or sex (42 U.S.C. § 3789d(c) (1)), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart D.


(c) Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons at 67 Fed. Reg. 41455 (June 18, 2002), addressing the obligation of recipients to take reasonable steps to provide meaningful access to funded programs and activities to those persons who may be limited English proficient (LEP), pursuant to Title VI and the Safe Streets Act.


(d) Section 504 of the Rehabilitation Act of 1973, prohibiting discrimination in the delivery of services based on disability (29 U.S.C. § 794), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart G.


(e) Title II of the Americans with Disabilities Act of 1990 (as amended), prohibiting discrimination in the delivery of services based on disability (42 U.S.C. § 12132), and the DOJ implementing regulations at 28 C.F.R. Part 35.


(f) Title III of the Americans with Disabilities Act of 1990 (as amended), prohibiting discrimination in places of public accommodation based on disability (42 U.S.C. § 12182), and the DOJ implementing regulations at 28 C.F.R. Part 36.


(g) Title IX of the Education Amendments of 1972, prohibiting discrimination in educational services based on sex (20 U.S.C. § 1681), and the DOJ implementing regulations at 28 C.F.R. Part 54.


(h) The Age Discrimination Act of 1975, prohibiting discrimination in the delivery of services based on age (42 U.S.C. § 6102), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart I.


(i) Executive Order 13279 and the DOJ regulations on the Equal Treatment for Faith-Based Organizations, prohibiting discrimination in the delivery of services based on religion and prohibiting the use of federal funding for inherently religious activities (28 C.F.R. Part 38(i)).


(j) Section 1557 of the Patient Protection and Affordable Care Act of 2010, prohibiting discrimination in the delivery of services in health care programs or activities based on race, color, national origin, sex, sex stereotypes, gender identity, age or disability.


(k) Oregon Revised Statute 659A.403, prohibiting discrimination in places of public accommodation based on race, color, religion, sex, sexual orientation, national origin, marital status or age if the individual is 18 years of age or older.


(l) Oregon Revised Statute 659A.103, prohibiting discrimination on the basis of disability.


(m) All other applicable state or federal laws. (1A 4A US CONSTITUTION)


Statutory/Other Authority: ORS 413.042


Division 3

PUBLIC HEALTH PREPAREDNESS

333-003-0010

Impending Public Health Emergency: Definitions


For purposes of OAR 333-003-0020 through 333-003-0080, the following definitions apply:


(1) “Authority” means the Oregon Health Authority.


(2) “Bioterrorism” has the meaning given that term in ORS 433.442.


(3) "Communicable disease" has the meaning given that term in ORS 431.260.


(4) "Condition of public health importance" has the meaning given that term in ORS 431.260.


(5) “Health care provider” has the meaning given that term in ORS 433.443.


(6) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996 and regulations adopted there under by the United States Department of Health and Human Services.


(7) “Individually identifiable health information” has the meaning given that term in ORS 433.443.


(8) "Local public health administrator" has the meaning given that term in ORS 431.003.


(9) "Local public health authority" has the meaning given that term in ORS 431.003.


(10) "Public health emergency" has the meaning given that term in ORS 433.442.


(11) "Public health law" has the meaning given that term in ORS 431A.005


(12) "Reportable disease" has the meaning given that term in ORS 431A.005.


(13) "State Public Health Director" is the person appointed by the Director of the Oregon Health Authority under ORS 431.035(3) or his or her designee.


Statutory/Other Authority: ORS 413.042 & 431A.020


ORS 431.180¹

Interference with individual's selection of health care provider, treatment or religious practice prohibited

(1)Nothing in ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties) or any other public health law of this state shall be construed as authorizing the Oregon Health Authority or its representatives, or any local public health authority or its representatives, to interfere in any manner with an individual's right to select the physician, physician assistant, naturopathic physician or nurse practitioner of the individual's choice or the individual's choice of mode of treatment, nor as interfering with the practice of a person whose religion treats or administers sick or suffering people by purely spiritual means.


(2)This section does not apply to the laws of this state imposing sanitary requirements or rules adopted under the laws of this state imposing sanitary requirements. [Amended by 1977 c.582 §15; 2007 c.70 §238; 2009 c.595 §541; 2014 c.45 §49; 2015 c.736 §36; 2017 c.356 §59] (See below)


Chapter 450 Sanitary Districts and Authorities; Water Authorities

https://www.oregonlaws.org/ors/chapter/450

Oh and none of the statutes or authorities claimed by Kate Brown or the OHA grant any authority to override the Rules and Policies of the Agency, and the EO attached

claims "HEALTH DIRECTIVES" (ORS 431.180 "OR ANY OTHER PUBLIC HEALTH LAW").


https://www.oregon.gov/gov/Documents/executive_orders/eo_20-27.pdf


WASHINGTON COUNTY SHERIFF’S OFFICE

Pat Garrett, Sheriff

Effective: October 9, 2020

GENERAL CONDUCT

Policy #207-R09 (09/30/20)

Applies to all staff.

Public. Any person who is not Sheriff’s Office staff.

Staff. Employees, reserve deputies, volunteers, interns, and contract employees of the Sheriff’s

Office.

The public entrusts Washington County Sheriff's Office staff to provide quality public service

based on the highest ethical and professional standards. The community expects staff to take

pride in their commitment to serve, and to uphold high standards of personal conduct, both on

and off duty.

1. Professional Conduct

Staff will conduct themselves in the discharge of their duties and their relations with the public

and each other in a tactful and professional manner.

Staff must not publicly criticize the Sheriff's Office, its policies, programs, actions, or staff.

Nor must they perform any acts or make any written or oral statements that would impair or

diminish the orderly and effective operation, supervision, or discipline of the Sheriff’s Office.

Staff may comment on matters related to the Sheriff's Office that are of general public

concern to the community after taking reasonable steps to check the truth of the facts. If a

staff member is not speaking as an official representative of the Sheriff's Office, the staff

member must clearly state that he or she speaks only as a private citizen.

Staff must conduct themselves, on duty and off duty, in a manner that, in the mind of a

reasonable person, does not damage the positive public image, integrity, or reputation of the

Sheriff's Office.

2. Truthfulness

Absent legitimate safety or investigative purposes, staff must not lie, give misleading

information, withhold information with the intent to deceive, or falsify written, verbal, or electronic

communications in official reports or in their actions with another person or organization. Staff

will impart the whole truth when giving testimony or rendering an official report or statement.

Examples of situations where giving false information may be acceptable would include hostage

situations or when protecting the identity of informants or when performing undercover duties.

Supersedes: 207-R08 (07/24/20)

Person responsible for updates: Chief Deputy

CALEA: 1.1.2, 26.1.1, 61.1.8

OJS: A-106, A-401, E-111


7. Knowledge and Enforcement of Laws

All staff will know the law and act, within their authority, to enforce all state and local laws and

ordinances. If any staff is granted authority to enforce federal law or directed by a federal judge

to take action, staff will act within their statutory authority and WCSO policy.


8. Knowledge and Enforcement of Policies and Orders

all staff will be knowledgeable of County and Sheriff’s Office policies, procedures, and orders

that apply to their duties. Any staff member who questions the clarity or intent of a policy,

procedure, or order will seek immediate clarification through the chain of command. Staff

members will, within their authority, enforce County and Sheriff’s Office policies, procedures, and

orders.



ARTICLE 5.

PROHIBITED CONDUCT, DISCIPLINE AND APPEALS

Applicability: This Article applies to all employees in Classified Positions with Career status.

Reference: ORS 659.

Statement of Philosophy

Washington County requires a commitment to public service based upon a high standard of

behavior congruent with our stewardship of the public trust. In carrying out the responsibilities that

have been entrusted to us, a significant emphasis must be placed on individual accountability. This

Article provides a system intended to assist employees in understanding and maintaining that public

trust.

5.1 Prohibited Conduct and Cause for Disciplinary Action

Any action that reflects discredit upon the County service or is a hindrance to the effective

performance of County functions shall be considered Cause for disciplinary action.

Improper action by an employee in an official capacity, any action by an employee not

connected with official duties that bring the County into discredit, any action that affects

the employee’s ability to perform the duties of the employee’s position, or improper use of

the employee’s Position for personal advantage shall also be considered Cause for

disciplinary action. Cause may include, but is not limited to the following:

1) Conviction of a felony, or conviction of any crime where the conviction would tend to

impair effectiveness as an employee or tend to bring discredit upon WashingtonCounty;

2) Theft, or attempted theft of property of Washington County, its employees, or the public;

3) Violation in any manner of the County’s drug-free workplace policy, or partaking of illegal

substances, intoxicating beverages, marijuana, or non-prescribed controlled substances

while on duty, or being intoxicated while on duty;

4) Use of alcoholic beverages, marijuana, prescribed or non-prescribed controlled substances

that affects performance in the Position held by the employee;

5) Acts of discrimination or harassment based on race, religion, color, gender, national origin,

age, marital status, sexual orientation, gender identity, disability or other protected status;

6) Discourteous treatment of the public or other employees, offensive conduct or conduct

unbecoming a Washington County employee;

7) Workplace bullying, or using any aggressive behavior towards a co-worker or subordinate;

8) Physical violence, including engaging in acts of bodily harm or threatening to inflict bodily

harm, physical intimidation, verbal or written threats of violence;

9) Acts of retaliation against employees for any reason;

10) Insubordination, willful disobedience or failure to follow a lawful supervisory directive;

11) Incompetence, inadequate performance or nonperformance of assigned duties;

12) Damage to or negligence in the care and use of County property, or improper or

unauthorized use of County vehicles or equipment;

13) Claim of leave under false pretenses or misuse of leave;

14) Habitual or excessive absence or tardiness, or abuse of sick leave privileges;

15) Absence from duty without authorization or failure to notify one’s supervisor when unable

to report to work on time;

16) Giving of false information or withholding information with intent to deceive, including

information provided during the recruitment and selection process;

17) Unauthorized use or disclosure of confidential information, including but not limited to the

unauthorized disclosure of any private health information or medical records;

18) Falsification of timesheets;

19) On-duty or off-duty use of social media to post statements that (1) disclose confidential

information obtained through county employment; (2) discriminate against, harass, or

defame county employees; or (3) otherwise violate Washington County rules, regulations

and policies;

20) Violation of any provision of Ordinances, Policies or Rules and Regulations adopted by

the Board of Commissioners, or any provisions of county or departmental rules, policies

and regulations; or

21) Violation of Article 13 relating to ethical standards.

https://www.co.washington.or.us/Support_Services/upload/Personnel-Rules-and-Regulations-2020.pdf


12. Withholding Criminal Information

Staff who receive or have knowledge of facts or information relative to a criminal offense must

report it to their commanding officer or supervisor. Staff must not divulge information, directly or

indirectly, that may enable any person to avoid arrest, conceal or dispose of evidence, or

become aware of a criminal investigation against the person by this office or another police

agency.


18. Insubordination

Staff are required to observe and obey the lawful verbal and written rules, work instructions,

policies, procedures, and practices of the Sheriff’s Office and to be respectful toward

supervisors and command officers.

Staff must subordinate their personal preferences and work priorities to the lawful verbal

and written rules, duties, policies, procedures, and practices of this Sheriff’s Office, as

well as the lawful orders and directives of supervisors and higher-ranking personnel.

Staff must perform all lawful duties and tasks assigned by supervisory or higher-ranking

personnel.

Insubordination is a display of defiance towards WCSO management.

Insubordination can include a verbal refusal, a non-verbal refusal, or an unreasonable

delay in completing work.

Insubordination includes disrespectful behavior towards a supervisor or command officer

to include cursing, using offensive names, slurs, yelling, attempting to physically

intimidate, being argumentative, uncooperative, or threatening.

Insubordination is aggravated if it includes willful or intentional disregard of lawful

direction under this section.

See also policy 109, Authority of Orders.


37. Acting on Violations and Misconduct

Staff must report suspected or actual violations of Sheriff’s Office orders, policies, or directives

or misconduct by any WCSO staff to a supervisor or manager within 72 hours of learning of the

misconduct; this includes unconfirmed rumors of staff misconduct. Supervisors must take

appropriate action as soon as a potential or actual violation of rules, regulations, policies, or

laws comes to their attention.

38. WCSO Staff Have a Duty to Intervene, Stop, and Report Specific Misconduct by Public

Safety Officers or Criminal Justice System Associates.

Staff who witness another public safety officer or criminal justice system associate who is

engaged in specific misconduct must intervene and stop the misconduct in a manner that is

Page 8 of 9

207-R09

October 9, 2020

safe. This applies to excessive force, sexual harassment, sexual misconduct, discrimination

based on race, color, religion, sex, sexual orientation, national origin, disability or age, criminal

conduct, or conduct that violates Oregon DPSST standards of moral fitness. Intervention may

range from giving verbal commands, to moving to a safe place and calling for assistance, to

using force based on the observer’s training and the circumstances of the incident.

Staff who witness such misconduct must also report it to a supervisor or higher ranking official in

the chain of command within 72 hours of witnessing or learning of the misconduct. The agency

will not retaliate against any deputy or reserve for reporting under this section.

39. Consequences of Misconduct

Policy violations for staff misconduct may be cause for disciplinary action up to and including

dismissal, may result in criminal charges for abuse of public office or other criminal charges, and

in some cases, may lead to decertification by the Oregon Department of Public Safety

Standards and Training (DPSST).

REFERENCES

ORS 162.405 to 162.425, Abuse of Public Office

ORS Chapter 244, Government Standards and Practices

Washington County Electronic Systems and Equipment Use Policy

Washington County Personnel Rules and Regulations

Washington County Purchasing Rules and Regulations

Washington County Reporting of Improper Government Conduct

Washington County Harassment Free Policy


NO Oregon Administrative Rules have been changed to EXCLUDE religious rights, NOR CAN THEY BY FEDERAL LAW AND THE CONSTITUTION(S).

ORS 183.720¹

Procedure for review of agency rule

• reports on rules claimed to be duplicative or conflicting

https://www.oregonlaws.org/ors/183.720


Civil Rights

Primary tabs

Overview

A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury.


Discrimination occurs when the civil rights of an individual are denied or interfered with because of the individual's membership in a particular group or class. Various jurisdictions have enacted statutes to prevent discrimination based on a person's race, sex, religion, age, previous condition of servitude, physical limitation, national origin, and in some instances sexual orientation.


Civil Rights and Civil Liberties

People often confuse civil rights and civil liberties. Civil rights refer to legal provisions that stem from notions of equality. Civil rights are not in the Bill of Rights; they deal with legal protections. For example, the right to vote is a civil right. A civil liberty, on the other hand, refers to personal freedoms protected by the Bill of Rights. For example, the First Amendment's right to free speech is a civil liberty.


Reconstruction Era

The Reconstruction Era was the period following the Civil War in which the federal government attempted to pass laws aimed at helping victims of slavery, primarily African-Americans.


Reconstruction Amendments

The Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution constituted the largest expansion of civil rights in the history of the United States. The Thirteenth Amendment outlawed involuntary servitude. The Fourteenth Amendment made it illegal for a state to pass laws "which shall abridge the privileges or immunities of the citizens of the United States... [or] deprive any person of life, liberty, or property without due process of law, [or] deny to any person within its jurisdiction the equal protection of the laws." The Fifteenth Amendment prohibits the U.S. or any state to deny a citizen the right to vote based on that person's "race, color, or previous condition of servitude." These Amendments are called the Reconstruction Amendments because they were passed during the Reconstruction Era.


Some Reconstruction Laws

During the Reconstruction Era, Congress enacted numerous civil rights statutes. Many of these are still in force today and protect individuals from discrimination and from the deprivation of their civil rights. Section 1981 of Title 42 (Equal Rights Under the Law) protects individuals from discrimination based on race in making and enforcing contracts, participating in lawsuits, and giving evidence. See 42 U.S.C. § 1981. Other statutes, derived from acts of the reconstruction era, that protect against discrimination include: Civil Action for Deprivation of Rights (See 42 U.S.C. § 1983); Conspiracies to Interfere With Civil Rights (See 42 U.S.C. § 1985); Conspiracy Against Rights of Citizens (See 18 U.S.C. § 241); Deprivation of Rights Under Color of Law, (See 18 U.S.C. § 242); The Jurisdictional Statue for Civil Rights Cases (See 28 U.S.C. § 1443); and Peonage Abolished (See 42 U.S.C. § 1994).


Civil Rights Act of 1964

The most prominent civil rights legislation since Reconstruction is the Civil Rights Act of 1964. Congress, using its power to regulate interstate commerce, enacted the Civil Rights Act of 1964 under Title 42, Chapter 21 of the United States Code. Discrimination based on "race, color, religion, or national origin" in public establishments that have a connection to interstate commerce or are supported by the state is prohibited. See 42 U.S.C. § 2000a. Public establishments include places of public accommodation (e.g., hotels, motels, and trailer parks), restaurants, gas stations, bars, taverns, and places of entertainment in general. The Civil Rights Act of 1964 and subsequent legislation also declared a strong legislative policy against discrimination in public schools and colleges which aided in desegregation. Title VI of the Civil Rights Act prohibits discrimination in federally funded programs. Title VII of the Civil Rights Act prohibits employment discrimination where the employer is engaged in interstate commerce. Congress has passed numerous other laws dealing with employment discrimination.


The judiciary, most notably the Supreme Court, plays a crucial role in interpreting the extent of the civil rights, as a single Supreme Court ruling can alter the recognition of a right throughout the nation. The federal courts have been crucial in mandating and supervising school desegregation programs and other programs established to rectify state or local discrimination.


Twenty-Fourth Amendment

The Twenty-Fourth Amendment to the U.S. Constitution, ratified in 1964, banned poll taxes. A poll tax is a tax imposed on anybody who votes at a polling place. Poll taxes discouraged poorer citizens from voting, disproportionately affecting minorities. As such, poll taxes interfere with the civil right of voting.


Voting Rights Act of 1965

The Voting Rights Act of 1965 is codified in 52 U.S. Code § 10101. The act states: "All citizens of the United States who are otherwise qualified by law to vote at any election by the people . . . shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude."


Civil Rights Act of 1968

The Civil Rights Act of 1968 is also known as the Fair Housing Act. This Act protects against numerous sorts of housing discrimination, including rentals, sales, real estate transactions, and brokerage services. The Act "prohibits discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex or national origin." Congress also created housing discrimination protections for individuals with disabilities through the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. These Acts, in essence, expanded upon the scope of the Civil Rights Act of 1968. Congress also expanded housing protection to the elderly in the Housing for Older Persons Act of 1995.


State Civil Rights Efforts

In addition to federal guarantees, some states provide further protection of civil rights. New York's New York State Human Rights Law is one such example.


Numerous international agreements and declarations recognize human rights. The United States has signed some of these agreements, including the International Covenant on Civil and Political Rights.


Disenfranchisement

Disenfranchisement refers to the removal of civil rights, primarily the the right to vote. States are able to place certain restrictions on who can vote, including restrictions based upon someone's criminal record.


The Supreme Court affirmed in Richardson v. Ramirez, 418 U.S. 24 (1974) that under Section Two, states can prohibit convicted felons from voting after serving their prison sentence.


Vermont and Maine do not practice felon disenfranchisement; Florida, Virginia, Iowa, and Kentucky do not allow felons to vote; the other 44 states have some sort of criminal disenfranchisement law.


As an example, Florida has its felon disenfranchisement law included in its state Constitution. As such, in order to change the policy, the state would need to pass a state constitutional amendment.

https://www.law.cornell.edu/wex/civil_rights


Amendment XIV

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.



ORS 131.005¹

General definitions

(1)“Accusatory instrument” means a grand jury indictment, an information or a complaint.

(6)“Criminal action” means an action at law by means of which a person is accused of the commission of a violation, misdemeanor or felony.

(11)“Probable cause” means that there is a substantial objective basis for believing that more likely than not an offense has been committed and a person to be arrested has committed it.



***ORS 131.007¹***

“Victim” defined

As used in ORS 40.385 (Rule 615. Exclusion of witnesses), 135.230 (Definitions for ORS 135.230 to 135.290), 147.417 (Victim to be notified of constitutional rights), 147.419 (Authority of victim to obtain copy of transcript or tape of criminal proceeding) and 147.421 (Information about defendant that public body is required to provide to victim) and in ORS chapters 136, 137 and 144, except as otherwise specifically provided or unless the context requires otherwise, “victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. [1987 c.2 §17; 1993 c.294 §3; 1997 c.313 §30; 2009 c.178 §32; 2013 c.144 §3]


ORS 131.025¹

Parties in criminal action

Except for offenses based on municipal or county ordinances, in a criminal action the State of Oregon is the plaintiff and the person prosecuted is the defendant. [1973 c.836 §3]


ORS 131.035¹

When departures, errors or mistakes in pleadings or proceedings are material

No departure from the form or mode prescribed by law, error or mistake in any criminal pleading, action or proceeding renders it invalid, unless it has prejudiced the defendant in respect to a substantial right. [1973 c.836 §4]


ORS 162.095¹

Defenses to perjury and false swearing limited

It is no defense to a prosecution for perjury or false swearing that:


(1)The statement was inadmissible under the rules of evidence; or


(2)The oath or affirmation was taken or administered in an irregular manner; or


(3)The defendant mistakenly believed the false statement to be immaterial. [1971 c.743 §186]



**ORS 166.715¹

Definitions for ORS 166.715 to 166.735

(6)“Racketeering activity” includes conduct of a person committed both before and after the person attains the age of 18 years, and means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce or intimidate another person to commit:


(a)Any conduct that constitutes a crime, as defined in ORS 161.515 (“Crime” described), under any of the following provisions of the Oregon Revised Statutes:

(GG)ORS 658.452 (Prohibitions relating to discharge of or discrimination against employee) or 658.991 (Criminal penalties) (2) to (4), relating to labor contractors;


(SS)ORS 166.155 (Bias crime in the second degree) and 166.165 (Bias crime in the first degree), relating to bias crimes;

https://www.oregonlaws.org/ors/166.155


(7)“Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in whole or in part because the debt was incurred or contracted:


(a)In violation of any one of the following:


(A)ORS chapter 462, relating to racing;


(B)ORS 167.108 (Definitions for ORS 167.109 and 167.112) to 167.164 (Possession of a gray machine), relating to gambling; or


(C)ORS 82.010 (Legal rate of interest) to 82.170 (Notice to borrower of lender authority to refuse to accept repayment prior to date for repayment in loan agreement), relating to interest and usury.


https://www.oregonlaws.org/ors/166.720


**167.720 Was violated by Anytime Fitness in Tigard on Durham road. They cancelled my membership without consent in violation of the CR Act and 431.180 and 659A, then sent my contract bill to collections. That is Racketeering and extortion. June/july of last year. I attempted to notify Tigard police, but was laughed at and hung up on.


**ORS 162.345¹

Defenses for hindering or compounding limited

It is no defense to a prosecution for hindering prosecution or compounding that the principal offender is not apprehended, prosecuted, convicted or punished. [1971 c.743 §209]


**ORS 162.325¹

Hindering prosecution

(1)A person commits the crime of hindering prosecution if, with intent to hinder the apprehension, prosecution, conviction or punishment of a person who has committed a crime punishable as a felony, or with the intent to assist a person who has committed a crime punishable as a felony in profiting or benefiting from the commission of the crime, the person:


(a)Harbors or conceals such person; or


(b)Warns such person of impending discovery or apprehension; or


(c)Provides or aids in providing such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or


(d)Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person; or


(e)Suppresses by any act of concealment, alteration or destruction physical evidence which might aid in the discovery or apprehension of such person; or


(f)Aids such person in securing or protecting the proceeds of the crime. (ALL MANDATE RELATED FINES STATE WIDE)


(2)Hindering prosecution is a Class C felony. [1971 c.743 §207]


**18 U.S. Code § 1001 - Statements or entries generally

(a)Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—

(1)falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2)makes any materially false, fictitious, or fraudulent statement or representation; or

(3)makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

(b)Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.

(c)With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—

(1)administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or

(2)any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.


**18 U.S. Code § 241 - Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or


If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—


They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.


**18 U.S. Code § 242 - Deprivation of rights under color of law

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


18 U.S. Code § 248 - Freedom of access to clinic entrances

https://www.law.cornell.edu/uscode/text/18/248


18 U.S. Code § 872 - Extortion by officers or employees of the United States


https://www.law.cornell.edu/uscode/text/18/4

**18 U.S. Code § 4 - Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.


**18 U.S. Code § 1503 - Influencing or injuring officer or juror generally

(a)Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States, or officer who may be serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate, in the discharge of his duty, or injures any such grand or petit juror in his person or property on account of any verdict or indictment assented to by him, or on account of his being or having been such juror, or injures any such officer, magistrate judge, or other committing magistrate in his person or property on account of the performance of his official duties, or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished as provided in subsection (b). If the offense under this section occurs in connection with a trial of a criminal case, and the act in violation of this section involves the threat of physical force or physical force, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.

(b)The punishment for an offense under this section is—

(1)in the case of a killing, the punishment provided in sections 1111 and 1112;

(2)in the case of an attempted killing, or a case in which the offense was committed against a petit juror and in which a class A or B felony was charged, imprisonment for not more than 20 years, a fine under this title, or both; and

(3)in any other case, imprisonment for not more than 10 years, a fine under this title, or both.


18 U.S. Code § 1510 - Obstruction of criminal investigations

(a)Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined under this title, or imprisoned not more than five years, or both.

(b)

(1)Whoever, being an officer of a financial institution, with the intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that financial institution, or information that has been furnished in response to that subpoena, shall be fined under this title or imprisoned not more than 5 years, or both.

(2)Whoever, being an officer of a financial institution, directly or indirectly notifies—

(A)a customer of that financial institution whose records are sought by a subpoena for records; or

(B)any other person named in that subpoena;

about the existence or contents of that subpoena or information that has been furnished in response to that subpoena, shall be fined under this title or imprisoned not more than one year, or both.

(3)As used in this subsection—

(A)the term “an officer of a financial institution” means an officer, director, partner, employee, agent, or attorney of or for a financial institution; and

(B)the term “subpoena for records” means a Federal grand jury subpoena or a Department of Justice subpoena (issued under section 3486 of title 18), for customer records that has been served relating to a violation of, or a conspiracy to violate—

(i)section 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 1956, 1957, or chapter 53 of title 31; or

(ii)section 1341 or 1343 affecting a financial institution.

(c)As used in this section, the term “criminal investigator” means any individual duly authorized by a department, agency, or armed force of the United States to conduct or engage in investigations of or prosecutions for violations of the criminal laws of the United States.

(d)

(1)Whoever—

(A)acting as, or being, an officer, director, agent or employee of a person engaged in the business of insurance whose activities affect interstate commerce, or

(B)is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business,

with intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that person engaged in such business or information that has been furnished to a Federal grand jury in response to that subpoena, shall be fined as provided by this title or imprisoned not more than 5 years, or both.

(2)As used in paragraph (1), the term “subpoena for records” means a Federal grand jury subpoena for records that has been served relating to a violation of, or a conspiracy to violate, section 1033 of this title.

(e)Whoever, having been notified of the applicable disclosure prohibitions or confidentiality requirements of section 2709(c)(1) of this title, section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy Act [1] (12 U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1) of the National Security Act of 1947 (50 U.S.C. 436(b)(1)),[2] knowingly and with the intent to obstruct an investigation or judicial proceeding violates such prohibitions or requirements applicable by law to such person shall be imprisoned for not more than five years, fined under this title, or both.


42 U.S. Code § 1981.Equal rights under the law

(a)Statement of equal rights

All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.


(b)“Make and enforce contracts” defined

For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.


(c)Protection against impairment

The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.


42 U.S. Code § 1985.Conspiracy to interfere with civil rights

(1)Preventing officer from performing duties

If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties;


(2)Obstructing justice; intimidating party, witness, or juror

If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws;


(3)Depriving persons of rights or privileges

If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.


42 U.S. Code § 1986.Action for neglect to prevent

Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefore, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued.


42 U.S. Code § 1987.Prosecution of violation of certain laws

The United States attorneys, marshals, and deputy marshals, the United States magistrate judges appointed by the district and territorial courts, with power to arrest, imprison, or bail offenders, and every other officer who is especially empowered by the President, are authorized and required, at the expense of the United States, to institute prosecutions against all persons violating any of the provisions of section 1990 of this title or of sections 5506 to 5516 and 5518 to 5532 of the Revised Statutes, and to cause such persons to be arrested, and imprisoned or bailed, for trial before the court of the United States or the territorial court having cognizance of the offense.


42 U.S. Code § 1988 - Proceedings in vindication of civil rights

(a)Applicability of statutory and common law

The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24, and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.


(b)Attorney’s fees

In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318 [20 U.S.C. 1681 et seq.], the Religious Freedom Restoration Act of 1993 [42 U.S.C. 2000bb et seq.], the Religious Land Use and Institutionalized Persons Act of 2000 [42 U.S.C. 2000cc et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], or section 12361 of title 34, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity such officer shall not be held liable for any costs, including attorney’s fees, unless such action was clearly in excess of such officer’s jurisdiction.


(c)Expert fees

In awarding an attorney’s fee under subsection (b) in any action or proceeding to enforce a provision of section 1981 or 1981a of this title, the court, in its discretion, may include expert fees as part of the attorney’s fee.


42 U.S. Code § 1989.United States magistrate judges; appointment of persons to execute warrants

The district courts of the United States and the district courts of the Territories, from time to time, shall increase the number of United States magistrate judges, so as to afford a speedy and convenient means for the arrest and examination of persons charged with the crimes referred to in section 1987 of this title; and such magistrate judges are authorized and required to exercise all the powers and duties conferred on them herein with regard to such offenses in like manner as they are authorized by law to exercise with regard to other offenses against the laws of the United States. Said magistrate judges are empowered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, from time to time, who shall execute all such warrants or other process as the magistrate judges may issue in the lawful performance of their duties, and the persons so appointed shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such warrants shall run and be executed anywhere in the State or Territory within which they are issued.


42 U.S. Code § 1990.Marshal to obey precepts; refusing to receive or execute process

Every marshal and deputy marshal shall obey and execute all warrants or other process, when directed to him, issued under the provisions of section 1989 of this title. Every marshal and deputy marshal who refuses to receive any warrant or other process when tendered to him, issued in pursuance of the provisions of this section, or refuses or neglects to use all proper means diligently to execute the same, shall be liable to a fine in the sum of $1,000, for the benefit of the party aggrieved thereby.


42 U.S. Code § 2000a - Prohibition against discrimination or segregation in places of public accommodation

(a)Equal access

All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.


(b)Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments

Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter if its operations affect commerce, or if discrimination or segregation by it is supported by State action:

(1)any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;

(2)any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station;

(3)any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and

(4)any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.

(c)Operations affecting commerce; criteria; “commerce” defined

The operations of an establishment affect commerce within the meaning of this subchapter if (1) it is one of the establishments described in paragraph (1) of subsection (b); (2) in the case of an establishment described in paragraph (2) of subsection (b), it serves or offers to serve interstate travelers of a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b), it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b), it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, “commerce” means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country.


(d)Support by State action

Discrimination or segregation by an establishment is supported by State action within the meaning of this subchapter if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.


(e)Private establishments

The provisions of this subchapter shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection (b).


42 U.S. Code § 2000a–1.Prohibition against discrimination or segregation required by any law, statute, ordinance, regulation, rule or order of a State or State agency

All persons shall be entitled to be free, at any establishment or place, from discrimination or segregation of any kind on the ground of race, color, religion, or national origin, if such discrimination or segregation is or purports to be required by any law, statute, ordinance, regulation, rule, or order of a State or any agency or political subdivision thereof.


42 U.S. Code § 2000a–2.Prohibition against deprivation of, interference with, and punishment for exercising rights and privileges secured by section 2000a or 2000a–1 of this title

No person shall (a) withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive any person of any right or privilege secured by section 2000a or 2000a–1 of this title, or (b) intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person with the purpose of interfering with any right or privilege secured by section 2000a or 2000a–1 of this title, or (c) punish or attempt to punish any person for exercising or attempting to exercise any right or privilege secured by section 2000a or 2000a–1 of this title.


42 U.S. Code § 2000a–3.Civil actions for injunctive relief

(a)Persons aggrieved; intervention by Attorney General; legal representation; commencement of action without payment of fees, costs, or security

Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 2000a–2 of this title, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security.


(b)Attorney’s fees; liability of United States for costs

In any action commenced pursuant to this subchapter, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall be liable for costs the same as a private person.


(c)State or local enforcement proceedings; notification of State or local authority; stay of Federal proceedings

In the case of an alleged act or practice prohibited by this subchapter which occurs in a State, or political subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no civil action may be brought under subsection (a) before the expiration of thirty days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings.


(d)References to Community Relations Service to obtain voluntary compliance; duration of reference; extension of period

In the case of an alleged act or practice prohibited by this subchapter which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by subchapter VIII of this chapter for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty-day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.


42 U.S. Code § 2000a–4.Community Relations Service; investigations and hearings; executive session; release of testimony; duty to bring about voluntary settlements

The Service is authorized to make a full investigation of any complaint referred to it by the court under section 2000a–3(d) of this title and may hold such hearings with respect thereto as may be necessary. The Service shall conduct any hearings with respect to any such complaint in executive session, and shall not release any testimony given therein except by agreement of all parties involved in the complaint with the permission of the court, and the Service shall endeavor to bring about a voluntary settlement between the parties.


42 U.S. Code § 2000a–6.Jurisdiction; exhaustion of other remedies; exclusiveness of remedies; assertion of rights based on other Federal or State laws and pursuit of remedies for enforcement of such rights

(a)The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this subchapter and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law.

(b)The remedies provided in this subchapter shall be the exclusive means of enforcing the rights based on this subchapter, but nothing in this subchapter shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent with this subchapter, including any statute or ordinance requiring nondiscrimination in public establishments or accommodations, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right.


18 U.S. Code § 3053 - Powers of marshals and deputies

United States marshals and their deputies may carry firearms and may make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.


42 U.S. Code § 2000e–2 - Unlawful employment practices

(a)Employer practices

It shall be an unlawful employment practice for an employer—

(1)to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

(2)to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

(b)Employment agency practices

It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.


(c)Labor organization practices

It shall be an unlawful employment practice for a labor organization—

(1)to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;

(2)to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, or national origin; or

(3)to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

(d)Training programs

It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.


(e)Businesses or enterprises with personnel qualified on basis of religion, sex, or national origin; educational institutions with personnel of particular religion

Notwithstanding any other provision of this subchapter, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.


(f)Members of Communist Party or Communist-action or Communist-front organizations

As used in this subchapter, the phrase “unlawful employment practice” shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor-management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950 [50 U.S.C. 781 et seq.].


(g)National security

Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if—

(1)the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

(2)such individual has not fulfilled or has ceased to fulfill that requirement.

(h)Seniority or merit system; quantity or quality of production; ability tests; compensation based on sex and authorized by minimum wage provisions

Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206(d) of title 29.


(i)Businesses or enterprises extending preferential treatment to Indians

Nothing contained in this subchapter shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.


(j)Preferential treatment not to be granted on account of existing number or percentage imbalance

Nothing contained in this subchapter shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.


(k)Burden of proof in disparate impact cases

(1)

(A)An unlawful employment practice based on disparate impact is established under this subchapter only if—

(i)a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or

(ii)the complaining party makes the demonstration described in subparagraph (C) with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice.

(B)

(i)With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (A)(i), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent’s decision making process are not capable of separation for analysis, the decision making process may be analyzed as one employment practice.

(ii)If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity.

(C)The demonstration referred to by subparagraph (A)(ii) shall be in accordance with the law as it existed on June 4, 1989, with respect to the concept of “alternative employment practice”.

(2)A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this subchapter.

(3)Notwithstanding any other provision of this subchapter, a rule barring the employment of an individual who currently and knowingly uses or possesses a controlled substance, as defined in schedules I and II of section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), other than the use or possession of a drug taken under the supervision of a licensed health care professional, or any other use or possession authorized by the Controlled Substances Act [21 U.S.C. 801 et seq.] or any other provision of Federal law, shall be considered an unlawful employment practice under this subchapter only if such rule is adopted or applied with an intent to discriminate because of race, color, religion, sex, or national origin.

(l)Prohibition of discriminatory use of test scores

It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin.


(m)Impermissible consideration of race, color, religion, sex, or national origin in employment practices

Except as otherwise provided in this subchapter, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice.


(n)Resolution of challenges to employment practices implementing litigated or consent judgments or orders

(1)

(A)Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment practice that implements and is within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the Constitution or Federal civil rights laws may not be challenged under the circumstances described in subparagraph (B).

(B)A practice described in subparagraph (A) may not be challenged in a claim under the Constitution or Federal civil rights laws—

(i)by a person who, prior to the entry of the judgment or order described in subparagraph (A), had—

(I)actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain; and

(II)a reasonable opportunity to present objections to such judgment or order; or

(ii)by a person whose interests were adequately represented by another person who had previously challenged the judgment or order on the same legal grounds and with a similar factual situation, unless there has been an intervening change in law or fact.

(2)Nothing in this subsection shall be construed to—

(A)alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened;

(B)apply to the rights of parties to the action in which a litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government;

(C)prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction; or

(D)authorize or permit the denial to any person of the due process of law required by the Constitution.

(3)Any action not precluded under this subsection that challenges an employment consent judgment or order described in paragraph (1) shall be brought in the court, and if possible before the judge, that entered such judgment or order. Nothing in this subsection shall preclude a transfer of such action pursuant to section 1404 of title 28.


42 U.S. Code § 2000e–7.Effect on State laws

Nothing in this subchapter shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful employment practice under this subchapter.(EMERGENCY DOESN'T GRANT AUTHORITY)


42 U.S. Code § 2000e–3.Other unlawful employment practices

(a)Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings

It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.


(b)Printing or publication of notices or advertisements indicating prohibited preference, limitation, specification, or discrimination; occupational qualification exception

It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor-management committee, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.


42 U.S. Code § 2000e–16b - Discriminatory practices prohibited

(a)Practices

All personnel actions affecting the Presidential appointees described in section 1219 [1] of title 2 or the State employees described in section 2000e–16c of this title shall be made free from any discrimination based on—

(1)race, color, religion, sex, or national origin, within the meaning of section 2000e–16 of this title;

(2)age, within the meaning of section 633a of title 29; or

(3)disability, within the meaning of section 791 of title 29 and sections 12112 to 12114 of this title.

(b)Remedies

The remedies referred to in sections 1219(a)(1) 1 of title 2 and 2000e–16c(a) of this title—

(1)may include, in the case of a determination that a violation of subsection (a)(1) or (a)(3) has occurred, such remedies as would be appropriate if awarded under sections 2000e–5(g), 2000e–5(k), and 2000e–16(d) of this title, and such compensatory damages as would be appropriate if awarded under section 1981 or sections 1981a(a) and 1981a(b)(2) of this title;

(2)may include, in the case of a determination that a violation of subsection (a)(2) has occurred, such remedies as would be appropriate if awarded under section 633a(c) of title 29; and

(3)may not include punitive damages.


42 U.S. Code § 2000bb–1 - Free exercise of religion protected

(a)In general

Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b).


(b)Exception

Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person—

(1)is in furtherance of a compelling governmental interest; and

(2)is the least restrictive means of furthering that compelling governmental interest.

(c)Judicial relief

A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution.


42 U.S. Code § 2000bb–2.Definitions

As used in this chapter—

(1)the term “government” includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, or of a covered entity;

(2)the term “covered entity” means the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States;

(3)the term “demonstrates” means meets the burdens of going forward with the evidence and of persuasion; and

(4)the term “exercise of religion” means religious exercise, as defined in section 2000cc–5 of this title.


42 U.S. Code § 2000bb–3.Applicability

(a)In general

This chapter applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after November 16, 1993.


(b)Rule of construction

Federal statutory law adopted after November 16, 1993, is subject to this chapter unless such law explicitly excludes such application by reference to this chapter.


(c)Religious belief unaffected

Nothing in this chapter shall be construed to authorize any government to burden any religious belief.


42 U.S. Code § 2000bb–4.Establishment clause unaffected

Nothing in this chapter shall be construed to affect, interpret, or in any way address that portion of the First Amendment prohibiting laws respecting the establishment of religion (referred to in this section as the “Establishment Clause”). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this chapter. As used in this section, the term “granting”, used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.


28 CFR § 0.50 - General functions.

§ 0.50 General functions.

The following functions are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General, Civil Rights Division:


(a) Enforcement of all Federal statutes affecting civil rights, including those pertaining to elections and voting, public accommodations, public facilities, school desegregation, employment (including 42 U.S.C. 2000e-(6)), housing, abortion, sterilization, credit, and constitutional and civil rights of Indians arising under 25 U.S.C. 1301 et seq., and of institutionalized persons, and authorization of litigation in such enforcement, including criminal prosecutions and civil actions and proceedings on behalf of the Government and appellate proceedings in all such cases. Notwithstanding the provisions of the foregoing sentence, the responsibility for the enforcement of the following described provisions of the U.S. Code is assigned to the Assistant Attorney General, Criminal Division:


(1) Sections 591 through 593 and sections 595 through 612 of title 18, U.S. Code, relating to elections and political activities;


(2) Sections 241, 242, and 594 of title 18, and sections 1973i and 1973j of title 42, U.S. Code, insofar as they relate to voting and election matters not involving discrimination or intimidation on grounds of race or color, and section 245(b)(1) of title 18, U.S. Code, insofar as it relates to matters not involving discrimination or intimidation on grounds of race, color, religion, or national origin;


(3) Section 245(b)(3) of title 18, U.S. Code, pertaining to forcible interference with persons engaged in business during a riot or civil disorder; and


(4) Sections 241 through 256 of title 2, U.S. Code (Federal Corrupt Practices Act).


(b) Requesting and reviewing investigations arising from reports or complaints of public officials or private citizens with respect to matters affecting civil rights.


(c) Conferring with individuals and groups who call upon the Department in connection with civil rights matters, advising such individuals and groups thereon, and initiating action appropriate thereto.


(d) Coordination within the Department of Justice of all matters affecting civil rights.


(e) Consultation with and assistance to other Federal departments and agencies and State and local agencies on matters affecting civil rights.


(f) Research on civil rights matters, and the making of recommendations to the Attorney General as to proposed policies and legislation relating thereto.


(g) Representation of Federal officials in private litigation arising under 42 U.S.C. 2000d or under other statutes pertaining to civil rights.


(h) Administration of sections 3(c) and 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973a(c), 1973c).


(i) Upon request, assisting, as appropriate, the Commission on Civil Rights or other similar Federal bodies in carrying out research and formulating recommendations.


(j) Administration of section 105 of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b).


(k) Upon request, certifications under 18 U.S.C. 245.


(l) Enforcement and administration of the Americans with Disabilities Act of 1990, Public Law 101-336.


(m) Community education, enforcement, and investigatory activities under section 102 of the Immigration Reform and Control Act of 1986, as amended.


(n) Upon request, certification under 18 U.S.C. 249, relating to hate crimes.


28 CFR § 0.51 - Leadership and coordination of nondiscrimination laws.

§ 0.51 Leadership and coordination of nondiscrimination laws.

(a) The Assistant Attorney General in charge of the Civil Rights Division shall, except as reserved herein, exercise the authority vested in and perform the functions assigned to the Attorney General by Executive Order 12250 (“Leadership and Coordination of Nondiscrimination Laws”). This delegation does not include the function, vested in the Attorney General by sections 1-101 and 1-102 of the Executive order, of approving agency rules, regulations, and orders of general applicability issued under the Civil Rights Act of 1964 and section 902 of the Education Amendments of 1972. Likewise, this delegation does not include the authority to issue those regulations under section 1-303 of the Executive Order which are required, by § 0.180 of this part, to be issued by the Attorney General.


(b) Under paragraph (a) of this section, the Assistant Attorney General in charge of the Civil Rights Division shall be responsible for coordinating the implementation and enforcement by Executive agencies of the nondiscrimination provisions of the following laws:


(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).


(2) Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).


(3) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794).


(4) Any other provision of Federal statutory law which provides, in whole or in part, that no person in the United States shall, on the ground of race, color, national origin, handicap, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance.


28 CFR § 0.55 - General functions.

(a)Whoever willfully prevents, obstructs, misleads, delays or attempts to prevent, obstruct, mislead, or delay the communication of information or records relating to a violation of a Federal health care offense to a criminal investigator shall be fined under this title or imprisoned not more than 5 years, or both.

(b)As used in this section the term “criminal investigator” means any individual duly authorized by a department, agency, or armed force of the United States to conduct or engage in investigations for prosecutions for violations of health care offenses.


28 CFR § 0.56 - Exclusive or concurrent jurisdiction.

§ 0.56 Exclusive or concurrent jurisdiction.

The Assistant Attorney General in charge of the Criminal Division is authorized to determine administratively whether the Federal Government has exclusive or concurrent jurisdiction over offenses committed upon lands acquired by the United States, and to consider problems arising therefrom.


28 CFR § 36.103 - Relationship to other laws.

§ 36.103 Relationship to other laws.

(a) Rule of interpretation. Except as otherwise provided in this part, this part shall not be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations issued by Federal agencies pursuant to that title.


(b) Section 504. This part does not affect the obligations of a recipient of Federal financial assistance to comply with the requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and regulations issued by Federal agencies implementing section 504.


(c) Other laws. This part does not invalidate or limit the remedies, rights, and procedures of any other Federal laws, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them.


28 CFR § 36.105 - Definition of “disability.”

(4) Mitigating measures include, but are not limited to:


(i) Medication, medical supplies, equipment, appliances, low-vision devices (defined as devices that magnify, enhance, or otherwise augment a visual image, but not including ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aid(s) and cochlear implant(s) or other implantable hearing devices, mobility devices, and oxygen therapy equipment and supplies;


(ii) Use of assistive technology;


(iii) Reasonable modifications or auxiliary aids or services as defined in this regulation;


(iv) Learned behavioral or adaptive neurological modifications; or


(v) Psychotherapy, behavioral therapy, or physical therapy.


(e) Has a record of such an impairment.


(1) An individual has a record of such an impairment if the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.


(2) Broad construction. Whether an individual has a record of an impairment that substantially limited a major life activity shall be construed broadly to the maximum extent permitted by the ADA and should not demand extensive analysis. An individual will be considered to fall within this prong of the definition of “disability” if the individual has a history of an impairment that substantially limited one or more major life activities when compared to most people in the general population, or was misclassified as having had such an impairment. In determining whether an impairment substantially limited a major life activity, the principles articulated in paragraph (d)(1) of this section apply.


(3) Reasonable modification. An individual with a record of a substantially limiting impairment may be entitled to a reasonable modification if needed and related to the past disability.


(f) Is regarded as having such an impairment. The following principles apply under the “regarded as” prong of the definition of “disability” (paragraph (a)(1)(iii) of this section):


(1) Except as set forth in paragraph (f)(2) of this section, an individual is “regarded as having such an impairment” if the individual is subjected to a prohibited action because of an actual or perceived physical or mental impairment, whether or not that impairment substantially limits, or is perceived to substantially limit, a major life activity, even if the public accommodation asserts, or may or does ultimately establish, a defense to the action prohibited by the ADA.(Business must comply with PROHIBITION FIRST, THEN show defense for prohibited action. Not the VICTIM OF THE PROHIBITED CONDUCT.)


(2) An individual is not “regarded as having such an impairment” if the public accommodation demonstrates that the impairment is, objectively, both “transitory” and “minor.” A public accommodation may not defeat “regarded as” coverage of an individual simply by demonstrating that it subjectively believed the impairment was transitory and minor; rather, the public accommodation must demonstrate that the impairment is (in the case of an actual impairment) or would be (in the case of a perceived impairment), objectively, both “transitory” and “minor.” For purposes of this section, “transitory” is defined as lasting or expected to last six months or less.


(3) Establishing that an individual is “regarded as having such an impairment” does not, by itself, establish liability. Liability is established under title III of the ADA only when an individual proves that a public accommodation discriminated on the basis of disability within the meaning of title III of the ADA, 42 U.S.C. 12181-12189.


(g) Exclusions. The term “disability” does not include -


(1) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;


(2) Compulsive gambling, kleptomania, or pyromania; or


(3) Psychoactive substance use disorders resulting from current illegal use of drugs.

https://www.law.cornell.edu/cfr/text/28/36.105


28 CFR § 36.208 - Direct threat.

§ 36.208 Direct threat.

(a) This part does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that public accommodation when that individual poses a direct threat to the health or safety of others.


(b) In determining whether an individual poses a direct threat to the health or safety of others, a public accommodation must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: The nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.


28 CFR § 36.104 - Definitions.

https://www.law.cornell.edu/cfr/text/28/36.104


28 CFR § 36.101 - Purpose and broad coverage.

§ 36.101 Purpose and broad coverage.

(a) Purpose. The purpose of this part is to implement subtitle A of title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181-12189), as amended by the ADA Amendments Act of 2008 (ADA Amendments Act) (Pub. L. 110-325, 122 Stat. 3553 (2008)), which prohibits discrimination on the basis of disability by covered public accommodations and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with the accessibility standards established by this part.


(b) Broad coverage. The primary purpose of the ADA Amendments Act is to make it easier for people with disabilities to obtain protection under the ADA. Consistent with the ADA Amendments Act's purpose of reinstating a broad scope of protection under the ADA, the definition of “disability” in this part shall be construed broadly in favor of expansive coverage to the maximum extent permitted by the terms of the ADA. The primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations and whether discrimination has occurred, not whether the individual meets the definition of “disability.” The question of whether an individual meets the definition of “disability” under this part should not demand extensive analysis.


28 CFR § 36.201 - General.

§ 36.201 General.

(a) Prohibition of discrimination. No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation.


(b) Landlord and tenant responsibilities. Both the landlord who owns the building that houses a place of public accommodation and the tenant who owns or operates the place of public accommodation are public accommodations subject to the requirements of this part. As between the parties, allocation of responsibility for complying with the obligations of this part may be determined by lease or other contract.


(c) Claims of no disability. Nothing in this part shall provide the basis for a claim that an individual without a disability was subject to discrimination because of a lack of disability, including a claim that an individual with a disability was granted a reasonable modification that was denied to an individual without a disability.


28 CFR § 36.206 - Retaliation or coercion.

(a) No private or public entity shall discriminate against any individual because that individual has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part.


(b) No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part.


(c) Illustrations of conduct prohibited by this section include, but are not limited to:


(1) Coercing an individual to deny or limit the benefits, services, or advantages to which he or she is entitled under the Act or this part;


(2) Threatening, intimidating, or interfering with an individual with a disability who is seeking to obtain or use the goods, services, facilities, privileges, advantages, or accommodations of a public accommodation;


(3) Intimidating or threatening any person because that person is assisting or encouraging an individual or group entitled to claim the rights granted or protected by the Act or this part to exercise those rights; or


(4) Retaliating against any person because that person has participated in any investigation or action to enforce the Act or this part.


28 CFR § 36.207 - Places of public accommodation located in private residences.

§ 36.207 Places of public accommodation located in private residences.

(a) When a place of public accommodation is located in a private residence, the portion of the residence used exclusively as a residence is not covered by this part, but that portion used exclusively in the operation of the place of public accommodation or that portion used both for the place of public accommodation and for residential purposes is covered by this part.


(b) The portion of the residence covered under paragraph (a) of this section extends to those elements used to enter the place of public accommodation, including the homeowner's front sidewalk, if any, the door or entryway, and hallways; and those portions of the residence, interior or exterior, available to or used by customers or clients, including restrooms.


ORS 658.452¹

Prohibitions relating to discharge of or discrimination against employee

A labor contractor or employer may not discharge or in any other manner discriminate against any employee because:


(1)The employee has made a claim against the labor contractor or employer for compensation for the employee’s own personal services.


(2)The employee has caused to be instituted any proceedings under or related to ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor).


(3)The employee has testified or is about to testify in any such proceedings.


(4)The employee has discussed or consulted with anyone concerning the employee’s rights under ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor). [1975 c.397 §4; 1981 c.606 §4; 2013 c.584 §19]


18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant -

(2)Whoever uses physical force or the threat of physical force(color of law) against any person, or attempts to do so, with intent to—

(A)influence, delay, or prevent the testimony of any person in an official proceeding;

(B)cause or induce any person to—

(i)withhold testimony, or withhold a record, document, or other object, from an official proceeding;

(ii)alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding;

(iii)evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or

(iv)be absent from an official proceeding to which that person has been summoned by legal process; or

(C)hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings;

shall be punished as provided in paragraph (3).

(3)The punishment for an offense under this subsection is—

(A)in the case of a killing, the punishment provided in sections 1111 and 1112;

(B)in the case of—

(i)an attempt to murder; or

(ii)the use or attempted use of physical force against any person;

imprisonment for not more than 30 years; and

(C)in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.

(b)Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—

(1)influence, delay, or prevent the testimony of any person in an official proceeding;

(2)cause or induce any person to—

(A)withhold testimony, or withhold a record, document, or other object, from an official proceeding;

(B)alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;

(C)evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or

(D)be absent from an official proceeding to which such person has been summoned by legal process; or

(3)hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,,[1] parole, or release pending judicial proceedings;

shall be fined under this title or imprisoned not more than 20 years, or both.

(c)Whoever corruptly

(1)alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or

(2)otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20 years, or both.

(d)Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from—

(1)attending or testifying in an official proceeding;

(2)reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation 1 supervised release,,1 parole, or release pending judicial proceedings;

(3)arresting or seeking the arrest of another person in connection with a Federal offense; or

(4)causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding;

or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both.

(e)In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully.

(f)For the purposes of this section—

(1)an official proceeding need not be pending or about to be instituted at the time of the offense; and

(2)the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.

(g)In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance—

(1)that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or

(2)that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant.

(h)There is extraterritorial Federal jurisdiction over an offense under this section.

(i)A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred.

(j)If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.

(k)Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.


I will be forwarding these to every Civil Rights division office email I can find, the US Marshals for non-compliance with the above cited CFR's OAR's ORS's USC's and Acts.


You are also required by your own policies to report this to Pat Garrett and any other supervising officers and open an investigation into BIASED POLICING, as you yourself decided you needed to consult a lawyer in order to read the ORS statutes which are constructed in a manner for you to understand as that is your source of authority per OAR and WCSO PFD policy.


I also placed a call last night to report BIASED BASED policing and was rejected from filing/claiming said policy violation, which itself is BIASED BASED policing per policy. T Amundson took the call with (unknown) supervisor, and TRIED citing the WRONG portion of ORS 431.180 (2) as "justification" of the criminal violation of 431.180 and 431.990. As you can see/read, There is nothing in 431.180 (2) sanitary requirements that would have ANYTHING to do with wearing a mask OVER religious freedom IN FAVOR of a corporation or government(suboordinate to the people).



The fact that a private person must explain the ORS statutes and INALIENABLE RIGHTS and YOUR PERJURY OF OATH BY INCOMPETENCE IN YOUR FIELD, is pretty disgusting.

I will be taking ALL appropriate actions to correct the actions of the Sheriffs Dept.

You are REQUIRED to notify.


Defense limited to enforcement of criminal actions, as you are criminally liable for corporate conduct as of right now.





Discrimination, Insults Jun 4, 2021 at 7:58 AM

Discrimination, Insults


Galatians 5:1 <rick3458@gmail.com>

Fri, Jun 4, 2021 at 7:58 AM

To: DPSSTComplaints@dpsst.state.or.us


Todd Baker - 38415 Internal Investigations.

June 3 2021 approximately 4pm


ORS 162.405¹

Official misconduct in the second degree

A public servant commits the crime of official misconduct in the second degree if the person knowingly violates any statute relating to the office of the person.


(2)Official misconduct in the second degree is a Class C misdemeanor.


ORS 181A.640¹

Grounds for denial, suspension or revocation of application or certification of person or accreditation of program

(1)(c)The public safety officer or instructor does not meet the applicable minimum standards, minimum training or the terms and conditions established under ORS 181A.410 (Minimum standards and training for certification) (1)(a) to (d).


259-008-0300

Grounds for Denial, Revocation or Emergency Suspension of Public Safety Professional Certifications

(3) Discretionary Denial or Revocation of a Public Safety Professional’s Certifications.


(a) The Department may deny or revoke a public safety professional’s certifications based upon a finding that the public safety professional engaged in conduct that includes any or all of the following elements:


(A) Dishonesty. Dishonesty is intentional conduct that includes untruthfulness, dishonesty by admission or omission, deception, misrepresentation, falsification or reckless disregard for the truth;


(B) Misuse of Authority. Misuse of Authority is intentional conduct that includes the use or attempted use of one’s position or authority as a public safety professional to obtain a benefit, avoid a detriment or harm another; or


(C) Misconduct.


(i) Misconduct includes conduct that violates criminal laws, conduct that threatens or harms persons, property or the efficient operations of any agency, or discriminatory conduct;


(ii) For the purposes of this rule, discriminatory conduct includes a pattern of conduct or a single egregious act that evidences knowing and intentional discrimination based on the perception of a person’s race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age or any protected class as defined by state or federal law, and would lead an objectively reasonable person to conclude that the public safety professional cannot perform the duties of office in a fair and impartial manner.


(b) For the purposes of this rule, conduct subject to discretionary review includes, but is not limited to:


(A) A criminal disposition when the criminal disposition is not a conviction constituting mandatory grounds as defined in section (2) of this rule;


(B) Conduct related to an arrest, a criminal citation to appear or its equivalent, or a criminal disposition;


(C) Conduct related to circumstances concurrent to a separation of employment from a certifiable position such as, but not limited to, investigation, settlement agreement or allegations of misconduct;


As I was talking to Todd Baker yesterday and just before I started recording, and WHY I started recording, was because Baker, was being dishonest and untruthful in recognizing the ORS definition of the very crime he was committing in order to ignore my report of felony, which is required by 18 USC 4 to be reported immediately, and reports are required to be taken and acted up with sufficient evidence, which I have and they have ignored, immediately. Thereby causing me continued suffering and are still enabling said suffering by not acting in accordance with Oregon Law, Federal Law, and Local laws and Policies, as well as the Civil Rights act of 1964 title ii and vii, and both OR and US constitutions. My religious liberties are being extorted by ORS definition and any official ignoring the claim of such is committing bias crime in saying that I am uninjured when I have suffered financial loss and psychological damage by way of Coercion of the very officers I am required to report this felony civil rights abuse to. This is egregious official misconduct, extortion by coercion, bribe receiving, criminal compliance, and meets all the standards for criminal liability. The fact that these very officers have no idea what any of these ORS statutes are or what they detail is a policy violation in itself in Washington counties Public Facing Documents, in several chapters, which they are ignoring in favor of each other it seems, which is another policy violation.


On top of all of that, and even worse, Baker started referring to ORS and the Constitutional protections, and the Civil Rights Act of 64 as "rabbit holes" and claimed I had no idea what I was talking about. That is dishonesty in its purest form as I cited written Law, which he refused to read the statutes on, while claiming me to be incorrect in my definition, which I was holding in my hand.



Mitchell came out and observed, but also refused to assist in any way, despite witnessing the policy(and ORS 181) violations, which is Official misconduct, with reasonable cause to intervene, which was not done. I would like criminal charges filed and Mitchell to be a witness as his duty would call for in defense of coercion.

Mitchell - 45654


I have demonstrated MORE than probable cause in every complaint I've brought, only to be told by people that don't have any idea what the laws say, that I have no idea what I'm talking about. THIS IS A MASSIVE LIABILITY ON THE DEPARTMENT.

AND A MASSIVE INJUSTICE TO MYSELF AND MANY OTHERS WHO ARE AFRAID TO SPEAK UP.


Executive order 20-27 by Kate Brown and OHA is in violation of ORS 431.180 and 431.990, which is a criminal violation, which I have been attempting to report because it is causing every single business to engage in extortion by coercion, and the signage itself is a violation of ORS 659A.


Now not upholding the STATUTE(as required by 162.405) LAWS prohibiting discrimination and discriminatory signage, which DE FACTO extorts peoples choice of saying no by implying they will be charged with violating the Gov orders and therefore face penalty or exclusion, or punishment/removal from employment.


431.180, 431.990, and 659A ALL cover the CRIMINAL illegality and ORS 161 covers LIABILITY of ANYone and EVERYone involved in NOT STOPPING the felony activity. Which is also required by Federal Law 18 US Code 4 - Misprison of Felony, which I also described, and they Also said doesn't apply, despite their own department policies, and every other law and policy, and their oath of office require.


Sims v. Aherns, 271 SW 720 (1925) “The practice of law is an occupation of common right.” “Because of what appears to be a lawful command on the surface, many Citizens, because of their respect for what appears to be law, are cunningly coerced into waiving their rights due to

ignorance.”


Draper v. U.S. (1959) Probable cause is where known facts and circumstances, of a reasonably trustworthy nature, are sufficient to justify a man of reasonable caution in the belief that a crime has been or is being committed. Reasonable man definition; common textbook definition; comes from this case.

City of Dallas v Mitchell, 245 S.W. 944 “To take away all remedy for the enforcement of a right is to take away the right itself. But that is not within the power of the State.”


Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958). “No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.” The constitutional theory is that we the people are the sovereigns, the state and federal officials only our agents.” “The individual, unlike the corporation, cannot be taxed for the mere privilege of existing. The corporation is an artificial entity which owes its existence and charter powers to the state; but, the individual’s rights to live and own property are natural rights for the enjoyment of which an excise cannot be imposed.”


Redfield v Fisher, 292 P 813, at 819 [1930] “…an officer may be held liable in damages to any person injured in consequence of a breach of any of the duties connected with his office…The liability for nonfeasance, misfeasance, and for malfeasance in office is in his ‘individual’ , not his official capacity…”


70 Am. Jur. 2nd Sec. 50, VII Civil Liability

“Fraud destroys the validity of everything into which it enters,”


Nudd v. Burrows, 91 U.S 426. “Fraud vitiates everything”


Boyce v. Grundy, 3 Pet. 210 “Fraud vitiates the most solemn contracts, documents and even judgments.”


U.S. v. Throckmorton, 98 US 61 WHEREAS, officials and even judges have no immunity (See, Owen vs. City of Independence, 100 S Ct. 1398; Maine vs. Thiboutot, 100 S. Ct. 2502; and Hafer vs. Melo, 502 U.S. 21; officials and judges are deemed to know the law and sworn to uphold the law; officials and judges cannot claim to act in good faith in willful deprivation of law, they certainly cannot plead ignorance of the law, even the Citizen cannot plead ignorance of the law, the courts have ruled there is no such thing as ignorance of the law, it is ludicrous for learned officials and judges to plead ignorance of the law therefore there is no immunity, judicial or otherwise, in matters of rights secured by the Constitution for the United States of America. See: Title 42 U.S.C. Sec. 1983. “When lawsuits are brought against federal officials, they must be brought against them in their “individual” capacity not their official capacity. When federal officials perpetrate constitutional torts, they do so ultra vires (beyond the powers) and lose the shield of immunity.”


Williamson v. U.S. Department of Agriculture, 815 F.2d. 369, ACLU Foundation v. Barr, 952 F.2d. 457, 293 U.S. App. DC 101, (CA DC 1991). “It is the duty of all officials whether legislative, judicial, executive, administrative, or ministerial to so perform every official act as not to violate constitutional provisions.”


Discrimination, Insults


Galatians 5:1 <rick3458@gmail.com>

Fri, Jun 4, 2021 at 9:13 AM

To: DPSSTComplaints@dpsst.state.or.us


https://public.powerdms.com/WCOR/tree/documents/1677373


Todd Baker also claimed "That's federal law, that's not us". Again, a policy violation, which in itself is a statute violation, which is official misconduct, and thereby making his statement perjury.

According to their own policies, he has NO EXCUSE for not knowing his own policies and procedures, especially as an internal investigator.


JURISDICTION AND MUTUAL AID

Policy 101-R06 (05/31/19)

https://public.powerdms.com/WCOR/tree/documents/1736610

DISTRIBUTING AND ACKNOWLEDGING RECEIPT OF POLICIES

Policy #106-R04 (01/22/20)

https://public.powerdms.com/WCOR/tree/documents/1677364

POLICY TRAINING

Policy # 107-R01 (03/25/04)

https://public.powerdms.com/WCOR/tree/documents/1677365

AUTHORITY OF ORDERS

Policy #109-R02 (01/16/20)

https://public.powerdms.com/WCOR/tree/documents/1677367

UNBIASED POLICING AND COLLECTING STOP DATA

Policy #201-R06 (02/01/18)

BIAS-BASED POLICING COMPLAINTS

9. Complaints of Bias-Based Policing Will Be Received and Investigated.

No person shall be discouraged, intimidated, or coerced from filing a complaint, or discriminated

against because they have filed such a complaint. The complaint will be assigned to a

supervisor who was not involved in the incident.

https://public.powerdms.com/WCOR/tree/documents/1677373

ORS 163.275¹

Coercion

(1)A person commits the crime of coercion when the person compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by means of instilling in the other person a fear that, if the other person refrains from the conduct compelled or induced or engages in conduct contrary to the compulsion or inducement, the actor or another will:

(h)Unlawfully use or abuse the person’s position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.


(2)Coercion is a Class C felony. [1971 c.743 §102; 1983 c.546 §4; 1985 c.338 §1; 2007 c.71 §45; 2015 c.751 §1]

OATHS OF OFFICE AND COMMISSIONS

Policy #202-R05 (12/12/18)

https://public.powerdms.com/WCOR/tree/documents/1677375