Help Me In This Fight!

[tucker88]

MY STORY

My name is Calvin D Higdon; I am a disabled Veteran 63 years old who served my country with honor. I live on a war-time pension (fixed income). I live in Adams County Indiana. I am a lifetime member of the DAV, The VFW and the American Legion.

On June 6th 2014 I had a person staying with me because of my medical condition I cannot live alone. I receive aid & attendance because I need help to live. This person would have been homeless and I have known this person over 30 years.

This person was released from prison in January 2014 and had no place to live and she was on parole. I gave her a place to stay as long as she did not break any laws or cause me trouble and help me around the house and help me drive. I even paid her.

On June 6th 2014 I asked her to leave my home because she was shoplifting from the local stores and taking my medications. She begin loading up belongings that belonged to me. I called 911 for some kind of assistance to have her removed.

The police arrived all I asked was for them to remove her, and while she was moving she told them I had some marijuana in my kitchen. I was not a-where of this what-so-ever. I was handcuffed and taken to jail. My house was searched where she told them it was located.

After she told them there was pot and where it was located they begin searching for the marijuana. I was told not to move and I was not free to move about my house. I was questioned and my rights were not read until 1 hr after I was taken to jail. I have been charged with a class D felony for possession. This was an illegal search and seizure if there ever was one ending in a false and fictitious arrest I was told I had no constitutional rights.

With-in 10 minutes after she told them I had marijuana she then told the officer the truth and told him it was hers, they ignored her because they were determined to arrest me for what-ever they could this was out of retaliation for a suite I had filed against another police department in 2004.

I have been given a court appointed Attorney and since June I have asked this Attorney to file motions and begin to fight. I begin to do a search on this Attorney and have found out he was suspended for doing some bad things by the Indiana judiciary committee and he is very incompetent. He seems to be working for the prosecutor instead of doing his job

In the mean time this person (still being homeless) and on parole came back to stay with me I just couldn't let somebody starve and be homeless if I could help, I also wanted her around to tell the truth which she has. I know this sounds crazy but I told her to tell the police the truth and I would forgive her.

She signed a notarized statement that said she was mad at me (enclosed) and the marijuana was hers, she also said she never gave anybody permission to search my house or anything. I have these statements also written by her in her own handwriting which is also notarized.

Next I went to this Attorney and showed him her statements, I then took her to court to speak to this Attorney where she told him the marijuana was hers and she was sorry, she told him she would testify to these facts even though it meant going back to prison on a parole violation she just wanted to set the record straight. This Attorney said he needed to do a deposition on her and she agreed she would. He then told me he would talk to the Prosecutor and see if she would maybe drop charges he does not return any phone calls or answer any e-mails.

The Prosecutor offered me a plea bargain if I pleaded guilty I would be sentenced to 3 years in prison for less then an ounce of pot. That is a death sentience. I am on a daily menu of 24 pills a day to keep me alive from the VA hospital.
I fired this attorney and was given another, this one is not much better. He has done nothing and I have sent him several registered letters and many e-mails asking for him to do something to defend me.
The Judge has told me I am not allowed to file any motions in this court. I am not allowed to defend myself in any way. I can't see how a judge can tell a defendant that he is not allowed to take part in his own defense in any way.
March 4th is the dead line for pretrial motions to be filed and the trial is in April.
I have asked this Attorney over and over to do depositions on the 2 cops and the other states witness that told them where the pot was hidden. My constitutional rights have been violated and it was an illegal search and seizure.
All this Attorney has to do is the deposition and file the right motions but he does nothing. I am at a loss. I can't pay for a Attorney and I can't file any motions in my defense and the time will run out soon. These people are attempting to rail-road me to prison and to my death. With out medical care that I am now getting I would die with in a month.
If I am convicted and incarcerated I lose my pension my home and my car, in other words everything I own I will become a homeless Veteran.
The woman has since done a deposition under oath and took full responsibility for her actions, I was not allowed to attend and they went to the jail in a attempt to get her to change her story. She has now been charged with this crime and false reporting, they gave her 45 days.
I was not guilty and the police knew this before they ever took me to jail, they done everything they could to kill me.
I have had these charges dismissed and now on May 12th 2015 I have filed a 1983 civil rights claim in Federal Court.
This is how they really thank you for your service. Can you imagine I was drafted into the United States Army and I did not run to Canada I went into the Army. I paid the price for yours and mine constitutional rights. I am now fighting again for those right and I will not back up and I will not back off.
I am perusing this case pro-sea because I have not found 1 local Attorney willing to help. If there is any Attorney qualified to go into Federal court and handle this case contact me. If not I will do as I have always done fight like hell for my rights!

 

[reapah23]

3 years for less then an ounce? That doesn't sound right to me. Here in NC anything under an ounce is a misdemeanor that carries a max sentence of about 15-30 days. I've seen people do 3-4 days and get time served. I would not stress yourself out about it, to be honest its a pretty petty charge and at worst you'll get probation. Get the woman to go down to the DEA herself and tell them what your saying she is claiming on here. You do not need your lawyer, and you can also file all these papers yourself just request it at the court house. If I was you id be taking this lady down to the courthouse myself and figuring all of this out and exactly what all needs to be done. There is also plenty of lawyers out there that will represent you for free, you do not need them trash court appointed attorneys. You have to take initiative on this yourself and not rely on a court appointed lawyer cause they will do nothing but make things worse to be honest. Google free lawyers in your city and just call all of them, there is paid lawyers out there that will represent people for free aslong as you do it ahead of time, I would also recommend asking for a continuance when you goto court to give yourself more time, explain that your firing your lawyer and looking for one yourself. If you don't end up finding one they will still give you somebody to represent you so don't worry, all you'll do is waste their time and by yourself some more time. I forget exactly how many continues you are allowed but it is atleast 3 if I'm not mistaken.

 

[tucker88]

No that's where you are wrong Indiana is leading the country with locking people up, we have mandatory sentencing. I have already beat the charge the fight now is I have sued them in Federal Court. My constitutional rights have been violated and it does not matter that I am a decorated Vietnam Veteran with 2 tours of duty and I am 63 years old they do not care. Attorneys here dont want to help because they are looked down upon in the legal arcana. I will win the fight that's a fact I have beat it so far. If I had not won in State court I would have went to prison. This is why I say fuck this country. Pot is legal in some form in over 30 states and they want to put me in jail for a plant. This is how they thank you for you service. The United States is truly a evil empire.

 

[Clancy]

Hi Tucker, since you asked for help I'll give it to you. I think you're biggest problem isn't the justice system. That woman is your trouble from point A to point Z. Letting someone as untrustworthy as that into your life isn't wise...and you did it a 2nd time! She'll burn you over and over again. Remember the saying: "Fool me once, shame on you. Fool me twice, shame on me. "

That, and not realizing that it is time to let it go. You want justice, payback, revenge or whatever? It is not worth it. You'll be 93 by the time your fight meanders through the system for any kind of resolution. By the way...the law in Indiana is : possession of 30 grams or less is punishable by 180 days and a fine. The judge has leeway to dismiss first timers. Check out Indiana Laws & Penalties

 

[tucker88]

Clansy you are not reading the entire post, first the second time arrested in Indiana is a felony with mandatory sentience the second time for possession of papers is a felony and it has mandatory sentencing. second she is not here with me because she admitted it in court that she lied and it was all hers. A sworn deposition was done on her and she pleaded guilty to pot and false reporting. she is serving time for the pot. the charges have been dismissed against me. read the entire post. I am now in Federal Court after I sued them in a 1983 Federal Civil Rights case for violating my civil rights. I won my case and this case shows that some people are not all bad she done the right thing. She is not anywhere around me and I will never help another person for the rest of my life. I have forgiven her but I will never forget her or any other human being the rest of my life. I am asking for legal help not for free I sued for 2 million dollars.
Read this here is the complaint below: This is a money maker for a Attorney. I just cut and pasted it below.


UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA


COMPLAINT UNDER THE CIVIL RIGHTS ACT 42 U.S.C. 1983
&
TITLE 18, U.S.C. SECTION 242 UNDER COLOR OF LAW
&
THE FOURTH, FIFTH, EIGHTH AND FOURTEENTH
AMENDMENTS TO THE CONSTITUTION



Calvin Dewayne Higdon, )
)
Plaintiff, )
)
vs. )
)
City of Geneva, Indiana, ) Cause No. _______________
Geneva Police Dept. and )
Geneva Police Officer Ronald R Rasawehr )
)
Defendants. )


PARTIES

PLAINTIFF: Calvin D Higdon
235 North Main Street
Geneva, Indiana 46740

DEFENDANT: City of Geneva, Indiana
411 Line Street
Geneva, Indiana 46740

DEFENDANT: City of Geneva Police Dept.
411 Line Street
Geneva, Indiana 46740

DEFENDANT: Geneva Police Officer Ronald R Rasawehr
411 Line Street
Geneva, Indiana 46740

PREVIOUS ACTIONS:
I filed a 1983 complaint against the Wells County Sheriff’s Dept. and the City of Bluffton in March of 2005 under Cause No. 1:04cv-64-TLS. Because of statements made to me and Margaret Lapeer by the Geneva Police Dept., I feel this arrest was in retaliation after suing members of the Wells-Adams County drug task force in Federal Court.
NATURE OF LAWSUIT---False Arrest Unlawful Search and Seizure - My civil rights were violated under the 4th, 5th, 8th and 14th Amendments of the U.S Constitution and 42 U.S.C. § 1983 and 18 U.S.C. § 242.
On June 6th 2014 I was falsely and fictitiously arrested after a warrantless illegal search was conducted at my home. The probable cause that was used as an excuse to search my home was at best non-extistent and Officer Rasawehr refused to pursue a probable cause hearing to secure a proper search warrant. Because of the total disregard of plaintiff’s rights guaranteed to him by the U.S Constitution plaintiff was arrested taken to jail where plaintiff had to post bond for his freedom. Plaintiff went through the Adams County Superior court system for a year and was subjected to mental torture wondering if he would lose his VA pension along with my healthcare provider, my home and all that I owned because of being falsely convicted of a felony that I did not commit. If the defendants had honored my civil rights this mental and physical duress would have been avoided. All charges filed on June 6th in the Adams Superior Court were dismissed on May 1st 2015. The Geneva Police Department and police officer Ronald R. Rasawehr under the color of law allowed people to enter my home to take my personal property knowing I could not protect my property because they had taken plaintiff to the Adams County Jail. The police used improper procedure that denied the plaintiff due process and equal protection of law under the U.S constitutional and civil rights. The Geneva Police Department confiscated personal property (cell phone, laptop computer) stating it was to be used as evidence but to this day of filing not 1 police report was made not 1 receipt was given. The items confiscated by the Geneva Police Department were purchased for the medical use of the plaintiff who is a disabled Veteran; who is under the medical care of the Fort Wayne Veterans Hospital and the items being held are to be used by the plaintiff to communicate directly with VA Doctors and medical personal to sustain life. The actions used against Plaintiff shows a malicious intent to deny plaintiff the use of his personal property and has been carried out intentionally to cause the Plaintiff harm both mentally, physically and financially. Defendants are using the power of the Geneva Police Department under the color of law to wage a personal vendetta against plaintiff and is placing plaintiff’s life in danger and has inflicted cruel and unusual punishment upon plaintiff.
The actions taken by the defendants violates the plaintiff’s constitutional and civil rights.
GRIEVANCE PROCEDURE STEPS TAKEN
1. I personally delivered in writing the three (3) names of those involved in the theft of my property from my home directly with-in 72 hours of arrest to the Town Marshall Rob Johnson along with a statement from a witness to the theft and requested an investigation into this situation to avoid a § 1983 complaint being filed. I also requested the return of my property and to this day no investigation was ever conducted and yet they continue to hold my property without cause. I was ordered to leave the city hall building by Marshall Rob Johnson or be arrested for disorderly conduct after expressing my complaint.
2. I requested a receipt for the items they took from my house from the Geneva Police Officer Ronald R Rasawehr and the town Marshall Rob Johnson. Both refused.
3. I requested a Police Report along with the receipt of items taken from my home by the Geneva Police. Town Marshall Rob Johnson threatened me with my arrest for disorderly conduct just for asking.
4. I approached the Adams County Prosecutor in the Adams Superior Court and requested that I speak with him concerning this matter but he refused to discuss anything with me. Said he was not allowed to speak with me denying me equal protection under the U.S Constitution.
5. A letter dated July 1st requesting the return of property also stating the facts were sent by US. Mail to the Adams County Prosecuting Attorney’s Office Attn: Tracy Noetzel by Attorney Robert Vegeler’s Law Office 110 Berry St. Fort Wayne, Indiana suite 1200 46802
6. I contacted the Indiana State Police and they contacted the Geneva Police Dept. I was told my property would be returned soon. It is now approaching one (1) year since it was confiscated by the Geneva Police and still no investigation has taken place.
7. I produced the receipt from AT&T showing proof of ownership of my seized personal property to the Geneva Police three (3) times.
8. I requested an investigation into the theft and burglary into my home while incarcerated by the Geneva Police and they refused to investigate or take any action except to keep my property and claim it is being held as evidence.
CAUSE OF ACTION
4th Amendment:
My home was searched without a proper warrant being issued or requested, and items were improperly seized and I was arrested without probable cause in retaliation for filing a federal lawsuit against the Wells County Sheriff and Bluffton Police Dept. - claims of violation of Equal Protection and 42 U.S.C. § 1983.
5th Amendment:
I was detained and questioned without my Miranda rights being read to me. Then, statements I made were used in a probable cause statement to obtain an arrest warrant. I was falsely arrested and deprived of property.
8th Amendment:
The defendants violated plaintiffs 8th Amendment rights to the U.S Constitution when they maliciously used their positions as police officers to confiscate personal property from plaintiff needed for his medical and mental health without first using proper police protocol and procedures. Plaintiff’s medications issued by the U.S Department of Defense (VA) were taken. The mental anguish being suffered by the Plaintiff and the financial loss has caused serious mental and physical problems that can only be described as cruel and unusual punishment. Plaintiff’s health has been effected by the actions of the Geneva Police Dept. and Officer Rasawehr. Plaintiff’s life had been placed in danger and is in jeopardy due to the loss and the use of the confiscated property that was used to communicate with VA Doctors and the Department of Defense to aid and sustain his life.
14th Amendment:
The Geneva Police Dept. violated plaintiff’s 14th Amendment rights to the U.S Constitution by not conducting or investigating an accusation made by plaintiff to town Marshal Rob Johnson therefore denying plaintiff due process of law, as well as equal protection under the law. Both rights are protected under the 14th Amendment of the United States Constitution.
TITLE 18, U.S.C., SECTION 242 and Title 42 U.S.C. § 1983: The defendants under the color of law used their authority as police officers to allow persons to commit a criminal act (Felony) against plaintiff and take property belonging to plaintiff placing plaintiff’s life in jeopardy while failing to protect plaintiff’s constitutional and civil rights. Plaintiff has suffered medical conditions directly related to these facts.
STATEMENT OF FACTS.
On June 6th 2014 I called 911 because I was having trouble with a person not wanting to leave my home. This person was living at my residence temporarily. I was concerned that this person was taking property and medications that are necessary to sustain plaintiff’s life. When the police officer arrived I explained that I wanted this person removed and for the police not to allow this person to take any of my property including medications. This police officer refused to allow me to protect or touch any of my property. After this person left the house she then told this police officer there was marijuana in my house and where it was located. This officer returned and entered my house without permission. This officer took this person’s word and without anybody’s permission or seeking a probable cause hearing and without a warrant begin searching my home with a flashlight. He found what he said was marijuana and he arrested me. He questioned me without reading or explaining my Miranda rights. Before taking me to jail this person who told the officer there was marijuana in my home now changed her story and admitted to the Officer that the marijuana was in-fact hers. He disregarded her second statement and took me to jail knowing I had not committed a crime and refused to protect my property or my home. This officer advised this person in a whisper and in private that he would leave the door to my house unlocked for her so that this person could re-enter my residence after he took me to jail and take what she thought to be her property at will. While I was at the jail in custody my house was entered and my property was taken. When I returned home 2 hours later I called the police back a second time and showed him what they had done and that they took my property exactly as I had warned him they would do. Later that day I informed this officer telling him who entered my house and where my cell phone and laptop computer was located. I also advised this police officer that they took my medications. Geneva Police Officer Ronald R Rasawehr went and retrieved my property from Tammy Dasher’s residence. He brought these items for me to identify and I identified it with a bill of sale from AT&T. He stated he was going to keep it for evidence in his investigation. As of the June 6th one full year has passed and no investigation was ever conducted and no report was filed, no receipt was given and the Geneva Police Dept. still has my property no attempt to investigate crimes committed against me. I requested a receipt and they have refused. I requested a police report from the Geneva Police town marshal and he refused. I requested an investigation from the Town marshal into the actions of these police officers and he threatened to arrest me for disorderly conduct. I have never received any paperwork from this police dept. I advised the Geneva town marshal and supplied him with pictures and names of witness of the people responsible for entering my property and requested the Town marshal to investigate this crime against me and he has refused and done nothing.
The police stated the items taken were to be used as evidence but no investigation was ever conducted. It has been over one year from the date of this occurrence that my property was taken by the Geneva Police Dept, my personal confiscated property could and should have been logged and recorded then returned to plaintiff. The time that has elapsed clearly shows the intentions of the defendants not to investigate and to deprive plaintiff of his personal property without due process of law violating the constitutional rights of plaintiff.
RELIEF:
1. Plaintiff is a homeowner with a mortgage and is a tax payer of Adams County and because plaintiff cannot move to another location to avoid problems. I am a disabled War Veteran 63 years old that has serious medical issues that are affected by this police action against me. Because this was in retaliation for a previous Federal Court case I feel my life is in danger. I would like to request the court to issue an order to the defendants to stop any further harassment against the plaintiff and Margaret Lapeer.
2. I would like the court at the initial hearing for this cause to subpoena the Town Marshal Rob Johnson and Officer Rasawehr to a hearing and bring Plaintiff’s property (laptop computer and cell phone) to the hearing. I would also ask the court to request all paperwork and reports surrounding any investigation they claim they are conducting. If the courts feels this confiscations are unnecessary would like the court to immediately issue an order demanding the return of personal property held by the Geneva Police Dept. to-wit: 1 Samsung Galaxy S5 cell phone and a HP Laptop computer and to stop any further malicious acts against plaintiff.
3. Plaintiff is a homeowner with a mortgage and is a taxpayer of Adams County and because plaintiff cannot move to another location. Plaintiff has been threatened by the Geneva police Dept and the plaintiff is in fear for his life, Plaintiff requests the court to order the defendants to stop all forms of harassment against Calvin D Higdon and Margaret Lapeer.
4. Compensation in the amount of Two (2) million U.S Dollars as punishment for the mental and physical anguish suffered by plaintiff and the loss and use of said property that was taken.

Signed this 12th the day of May 2015
SIGNATURE OF PLAINTIFF:
AFFIRMATION OF PLAINTIFF.
I, Calvin Dewayne Higdon, the plaintiff in the aforementioned cause, do affirm that I have read all of the statements contained in the complaint and those which are attached in the accompanying financial statement. I believe them to be true to the best of my knowledge.
Moreover, while neither the complaint nor the financial affidavit has been notarized, I do understand that this complaint and these affidavits will become an official part of the United States District Court files and that any false statements knowingly made by me are illegal and may subject me to criminal penalties.

________________________________
Plaintiff

 

[Clancy]

Hi Tucker, I guess I don't understand all the various details. I hope you get your equipment back and that you get the compensatory satisfaction you are seeking.

 

[reapah23]

Ah sorry bud I didn't catch that you already beat the case. I'm in a dispute with the law myself and found a lawyer who was willing to do my case for free. There is lawyer hotlines that you can call and they will refer you to a lawyer who handles your type of case, especially you being a veteran and all. These lawyers are referred to as pro bono, meaning "for the public good", or without charge. Google "List of pro bono lawyers in Indiana". Best of luck to you.

 

[tucker88]

ya this case is already file asking for 2 million in damages. hell the founder of normal is here in Indiana and he wanted 20.000 these marijuana activist are all bullshit. they just use that to make money i have spent a year and hell i beat it myself. fuck them i will fight this fed lawsuit and win, a lawyer gets 33 % and i already paid the 400 filing fee it is not a free case anymore this is just a greedy state and a commie state and that is the way it is. People has helped me a lot from their experience and i guess i will continue down that road. I go for first initial hearing June 16th and i will try this case cannot lose, they came into my house and totally ignored my civil rights searched without a warrant. I cannot lose I just have to show damages and do it right. I have fought for my rights all my life and served this country with honer and i will win. Thanks for any help offerd but this fight is on and i cant lose anything its now a federal suite no more jail hanging over my head it is all for the money now! if there is a lawyer with any balls and 1/2 a brain step up.