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Title: Cop Walks Up to Innocent Retired 63-year-old Veteran, Attack and Arrest Him for No Reason
Source:
Free Thought Project
URL Source: https://thefreethoughtproject.com/i ... -63yo-veteran-beaten-arrested/
Published: May 28, 2019
Author: Matt Agorist
Post Date: 2019-05-29 09:04:34 by Deckard
Keywords: None
Views: 1778
Comments: 24
Miami, FL — Oscar Julien-Riou, 63, honorably served his country for 20 years and retired from the Army, he then became a nurse and continued to serve his country by treating fellow veterans at the VA Clinic. However, that country he dedicated his life to fighting for betrayed him last December when a Miami police officer attacked and falsely arrested him for doing nothing other than sitting on a park bench. Now, after the department refused to discipline the officer who attacked him, Mr. Riou is fighting back in the form of a lawsuit. “Mr. Riou is a retired Vietnam veteran who had recently retired from his job as a registered nurse after 20 years, subsequent to retiring from the Army after 20 years of service,” the suit states. “He volunteers at the V.A. playing the piano for Veterans in palliative care. He’d never been arrested in his 63 years of life.” The incident unfolded when Riou was sitting on a bench in Liberty City’s Alonzo Kelly Park, which happens to be across the street from the retired Army veteran’s home. As Riou is also a minister, he was making a video likely designed to give to his followers. As the video shows, Riou sees the officer sitting in his car and says, “there’s the Miami PD, doing what they are supposed to be doing.” He then continues recording his video. He was doing absolutely nothing wrong and as the video shows, he thought he had nothing to worry about from the police. Sadly, however, he was mistaken. For six minutes, officer Ioannys Llanes shined a spotlight toward Riou before exiting his vehicle and assaulting the innocent man. As the video shows, Llanes began to tell Riou that the park was closed to which Riou responded, “yes sir. I’ll close out then,” noting that he was making the video. Riou was polite and listened to everything the officer was saying, but the officer attacked him anyway. “You’re hurting me, sir!” the retired veteran tells the officer as the officer smashes him into the concrete. The officer then accuses Riou of dropping something. However, there was nothing to be dropped and police would quickly realize this. Instead of admitting they made a mistake, the officer arrested Riou on false charges of resisting arrest, according to the lawsuit. “Defendant Llanes used unreasonable and excessive force against Plaintiff Mr. Riou when he forcibly pushed/threw him down to the concrete, manhandled him in such a way as to cause physical injury, searched him without consent, called other officers to the scene to physically apply unreasonable and excessive force in reliance on his call, forcibly put him in handcuffs when he was already under the physical control of the Defendant, detained him for over an hour, and created a criminal record for Mr. Riou by falsely charging him with resisting arrest,” the suit says. What’s more, according to the lawsuit and an image provided in it, the park has no clearly defined closing time, meaning the cop had absolutely no reason for approaching the innocent veteran, much less attacking and arresting him. Before this incident, Riou had never been arrested or had any negative interactions with police. So much for the saying of “don’t do anything wrong, and you won’t get beaten or arrested by police.” “After giving 20 years of his life to serve our country, Mr. Riou was violated and deprived of his civil rights by those sworn to protect and serve,” the suit states. “He was stripped of his humanity and dignity, overwhelmingly suffering by what was done to him. He feared for his life, stating, ‘They descended on me like S.W.A.T.! I was thinking they could kill me, and my children would never know what happened to me.'” Sadly, veterans — who dedicate their lives to defending this country — are all too often arrested, beaten, or killed when they come home from their service. If you truly want a glimpse into the disturbing nature of police officers abusing veterans, you can take a look through our archives, here.
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#1. To: Deckard (#0)
He was in the park 1-1/2 hours after sunset making a video?
Miamai-Dade County (a) No person shall be or remain in any part of any park that is fenced in or provided with gates between the closing of the gates at night and their reopening on the following day; nor shall any person be or remain in any park not fenced in or provided with gates, between sunset and sunrise or as specifically posted, except in areas designated as twenty-four- hour boat launching areas, and except that persons and vehicles may pass through such parks without stopping, on the most direct walk or driveway leading from their point of entrance to the exit nearest to their point of destination. He was in the park at 7:00pm. Sunset that day was 5:24pm. The cop was correct. I don't care if it wasn't posted or that Mr. Riou didn't know. Someone in the park after closing is suspicious. Someone sitting in a spotlight for six minutes, on a park bench, after closing, is doubly suspicious.
Gee, how about just letting the guy leave? As the video shows, Llanes began to tell Riou that the park was closed to which Riou responded, “yes sir. I’ll close out then,” noting that he was making the video. Riou was polite and listened to everything the officer was saying, but the officer attacked him anyway. When the only tool you have is a hammer... The guy was polite and respectful, he didn't deserve to be assaulted.
Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. He had that opportunity for six minutes while the cop's spotlight was shining on him. What did he want -- a written invitation?
He lied. He didn't "close out", did he? He kept recording. Why? My guess is that he wanted to provoke the cop on camera so he'd have grounds for a lawsuit. And lo and behold, he filed one.
Ninety nine out of a hundred citizens viewing this video will see nothing but an out-of-control, super authoritarian copper with some strange personal axe to grind. My money is on the minister collecting on the city in a large way.
http://miamidade.fl.elaws.us/code/coor_ptiii_ch26_arti_sec26-1 § 26-1. Rules and regulations adopted - - - - - - - - - - (b) No driver operator of any vehicle shall obstruct traffic or park or stop on any road or driveway except at a place so designated or in case of an emergency beyond his control. If so caused to stop or park for more than fifteen (15) minutes the operator shall report such fact to an officer or park employee. At places so designed and clearly marked, a vehicle may be stopped for a period of no more than fifteen (15) minutes in order for the occupant to view the scenic features. (Ord. No. 59-14, Rules, Art. 2, § 3, 6-16-59; Ord. No. 96-95, § 1, 6-18-96) - - - - - - - - - - https://www.miamidade.gov/parks/alonzo-kelly.asp Address Hours of Operation Park Office - - - - - - - - - - For six minutes, officer Ioannys Llanes shined a spotlight toward Riou before exiting his vehicle and assaulting the innocent man. Jerry Iannelli | May 24, 2019 | 4:26pm Around 7 p.m. last December 10, Miami resident Oscar Julien-Riou — a 63-year-old Army veteran, retired nurse, and minister — was sitting in Liberty City's Alonzo Kelly Park alone with his phone in his hand. [...] It was after sunset in December. The park was closed. Use of a spotlight indicates it was dark, as does the video. The cop indicated that the park was closed. There is no indication that Oscar Julien-Riou was hearing impaired. https://www.pacermonitor.com/public/case/28301350/JulienRiou_v_Llanes_et_al The federal COMPLAINT of 5/23/2019 was dismissed 5/24/2019. "ORDER dismissing 1 Complaint, filed by Oscar Julien-Riou; Amended Complaint due by 5/29/2019." Docket 8 shows that on May 29, 2019: And the docket report shows: A kid swallowed all the Scrabble letters. Now his poop shows more intelligence than a libertarian.
Officer: This park is closed sir.
Highly unlikely. He was polite and respectful to the cop. Oscar Julien-Riou, 63, honorably served his country for 20 years and retired from the Army, he then became a nurse and continued to serve his country by treating fellow veterans at the VA Clinic. Yeah - major felon ya got there whitey. Your applause for cops for assaulting innocent citizens let alone veterans is reprehensible
Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. Citizen: Oh, it is? I'll pack it up and go. Officer: Have a nice evening. That used to be the case back when America was still a free country. Nowadays, cops are trained to view everyone as a criminal. Even an elderly veteran doing nothing more than sitting on a park bench.
Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. Officer: This park is closed sir. Scuffle ensues.
My money is on the minister collecting on the city in a large way. " Agree. Was an over zealous officer.
Si vis pacem, para bellum Rebellion to tyrants is obedience to God. Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt "If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers) "No one ever rescues an old dog. They lay in a cage until they die. PLEASE save one. None of us wants to die cold and alone... --Dennis Olson " AMERICA! Designed by geniuses. Now run by idiots.
Agree !
Si vis pacem, para bellum Rebellion to tyrants is obedience to God. Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt "If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers) "No one ever rescues an old dog. They lay in a cage until they die. PLEASE save one. None of us wants to die cold and alone... --Dennis Olson " AMERICA! Designed by geniuses. Now run by idiots.
Seriously? The officer then accuses Riou of dropping something. However, there was nothing to be dropped and police would quickly realize this. Instead of admitting they made a mistake, the officer arrested Riou on false charges of resisting arrest, according to the lawsuit.
Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. On the video it sure seemed to me that he was resisting. However, according to your rules, he's allowed to resist because (as it turns out later) he dindo nuffin. Sorry. It don't work that way.
Of course it did. When has it ever not?
Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. Sometimes you think you're mererly dealing with a load of limp-dicked pettifoggery masquerading as some kind of civility. Then you come to realize that you're dealing with certified assholes.
Because he was.
Yes, and pardon my French, but that is just the kind of propaganda hooey that is produced to assure us that facsism or authoritarian inflexibility is found out there somewhere and not here at home. Most of us are aware however that that brand of thinking may be alive and well just next door. I can only bear the present state of affairs in the apprehension that the majority of my neighbors find such a state of mind abhorent.
1) Just follow the law. The police are merely enforcing the law, not making shit up. 2) If you break the law, follow the instructions of the law enforcement officer. If he's wrong, you'll have your day in court. It's that simple.
It's the Big Instructions Book that many are concerned about that the nation is not following. And that, as it turns out, is not so simple. Have yourself a good day.
[misterwhite] Because he was. It should be noted that the Charge Type was "RESIST OFF W/O VIOL" and the charge Disposition was "NOLLE PROS." Resistance does not necessarily connote any degree was violence.
A kid swallowed all the Scrabble letters. Now his poop shows more intelligence than a libertarian.
The Court rejected the Complaint five days before the article was written, and had numerous reasons to do so: Second, while the Court will not rigorously screen the Complaint at this time, a cursory review of the Complaint suggests Plaintiff could better formulate his allegations to provide Defendants sufficient notice of the claims for relief being asserted. A shotgun pleading makes it “virtually impossible to know which allegations of fact are intended to support which claim(s) for relief.” Anderson v. Dist. Bd. of Trs. of Cent. Fla. Cmty. Coll., 77 F.3d 364, 366 (11th Cir. 1996). Shotgun pleadings “fail . . . to give the defendants adequate notice of the claims against them and the grounds upon which each claim rests.” Weiland v. Palm Beach Cty. Sheriff’s Office, 792 F.3d 1313, 1323 (11th Cir. 2015) (alteration added; footnote call number omitted). Plaintiff’s counsel is advised to review the four types of shotgun pleading highlighted in the Eleventh Circuit’s Weiland decision before filing an amended complaint. Finally, while this District’s Local Rules do not appear to have specific spacing requirements for documents filed through CM/ECF (see Local Rule 5.1(b)), the undersigned and many of her colleagues have adopted Local Rule 5.1(a)(4)’s requirements for conventionally-filed documents to also apply to documents filed through CM/ECF. That Rule states that all documents “shall have not less than one and one-half (1½) spaces between lines.” Id. The irregular spacing throughout the Complaint, which at times is clearly less than one and one-half spacing, makes it difficult for the Court to parse through the allegations. In an amended complaint, Plaintiff shall comply with the spacing requirements of Local Rule 5.1(a)(4). Attorney Rawsi Williams started numbering her paragraphs on page 4. In the caption, on pages 1 and 2, and in paragraph 10, the Complaint indicates that Plaintiff Mr. Riou "sues Defendant LLANES in his individual capacity." In paragraph 6, the Complaint indicates that, "Upon information and belief, and at all times material hereto, Defendant LLANES participated in the unconstitutional violations and other wrongful acts that occurred on December 10, 2018 at approximately 7 PM, at which time he was acting in the course and scope of his employment under color of state law." If the Officer acted within the scope of his employment at all times, he is covered by limited immunity and cannot be sued in his individual capacity. Paragraph 96 of the Complaint indicates that, Paragraphs 143, and 164 of the Complaint indicate that, Compliance with an order to leave the park indicates that he left the park. However, paragraphs 152 and 173 of the Complaint indicate that, The Complaint three times (¶¶ 29, 239, 240) erroneously cites a Miami City Ordinance to argue that Alonzo Kelly Park was closed from 10 p.m. to 7 a.m. and that "The police department shall cause proper notice to be placed in the main entrances to the city parks, playgrounds and properties referred to in the preceding section, warning the general public that such properties are closed during the hours therein recited." Of course, Alonzo Kelly Park was not a City park, but a County park. The signage appearing above with the article is also Exhibit A of the Complaint. It reads, "WELCOME TO YOUR MIAMI-DADE COUNTY PARK," and "RULES & REGULATIONS ENFORCED IN ACCORDANCE TO CHAPTER 26, COUNTY ORDINANCE 01-35, CIVIL PENALTIES 8-CC." The hours cited in the Complaint are erroneous, the cited Ordinance is for City parks, and City police are not required by the City ordinance to maintain signage at County parks. The shotgun pleading just goes on and on, finally ending at page 62. When the Court dismissed it and required a refiling by May 29, 2019, defendant's attorney filed a Motion for Extension of Time to Amend Complaint [Docket 6]. She screwed that up too, resulting in Docket 7 by the Court: One might think the attorney would know the local rules for the U.S. District Court for the Southern District of Florida. It appears to be the only Federal court she has been admitted to practice before.
A kid swallowed all the Scrabble letters. Now his poop shows more intelligence than a libertarian.
As Riou is also a minister, he was making a video likely designed to give to his followers.
#2. To: Deckard (#0)
(Edited)
Rule 13. Closing of parks
#3. To: misterwhite (#2)
He was in the park at 7:00pm. Sunset that day was 5:24pm. The cop was correct.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.
#4. To: Deckard (#3)
Gee, how about just letting the guy leave?
#5. To: Deckard (#3)
to which Riou responded, “yes sir. I’ll close out then,”
#6. To: Deckard (#0)
#7. To: misterwhite, Deckard (#2)
Miami - Dade County
Code of Ordinances
Part III. Code Of Ordinances
Chapter 26. Park And Recreation Department Rules And Regulations Article I. In General Rule 3. Roads and driveways within parks
(a) No person driving, operating, controlling or propelling any vehicle, motorized, horse drawn or self-propelled, shall use any other than the regularly designated paved or improved park roads or driveways, except when directed to do so by a police officer or department employee. The provisions of this subsection shall not apply to the use of any self-propelled wheelchair, power wheelchair, electric scooter, or other mobility device by an individual with a mobility impairment.
Alonzo Kelly Park
1455 NW 67 Street, Miami, FL
Sunrise to Sunset
305-836-5095 [TFTP Article] The incident unfolded when Riou was sitting on a bench in Liberty City’s Alonzo Kelly Park....
Miami Police Sued After Roughing Up 63-Year-Old Army Vet for Sitting in a Park
As the suit notes, Miami-Dade County's own signage didn't clearly explain the time the park closed.
NOTICE of Voluntary Dismissal Without Prejudice by Oscar Julien-Riou (Attachments:# 1 Text of Proposed Order) (Williams, Rawsi) (Entered: 05/29/2019)
Civil Case Terminated, per 8 Notice of Voluntary Dismissal Without Prejudice. Closing Case. (ps1) (Entered: 05/29/2019)
#8. To: nolu chan (#7)
Citizen: Oh, it is? I'll pack it up and go.
Officer: Have a nice evening.
#9. To: misterwhite (#5)
My guess is that he wanted to provoke the cop on camera so he'd have grounds for a lawsuit.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.
#10. To: randge (#8)
Officer: This park is closed sir.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.
#11. To: Deckard (#10)
Citizen: Oh, it is? I'll pack it up and go. (Drops something on ground)
Officer: Did you just drop something?
Citizen: No. (Starts to leave)
Officer: Hey come back here.
Citizen: No. Waffor? I dindo nuffin.
#12. To: randge (#6)
" Ninety nine out of a hundred citizens viewing this video will see nothing but an out-of-control, super authoritarian copper with some strange personal axe to grind.
#13. To: Deckard (#9)
" Yeah - major felon ya got there whitey. Your applause for cops for assaulting innocent citizens let alone veterans is reprehensible "
#14. To: misterwhite (#11)
Officer: Did you just drop something? Citizen: No. (Starts to leave)
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.
#15. To: Deckard (#14)
the officer arrested Riou on false charges of resisting arrest, according to the lawsuit.
#16. To: misterwhite (#15)
On the video it sure seemed to me that he was resisting.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.
#17. To: nolu chan (#7)
(Edited)
#18. To: randge (#17)
Then you come to realize that you're dealing with certified assholes.
#19. To: Deckard (#16)
On the video it sure seemed to me that he was resisting.
Of course it did.
#20. To: misterwhite (#18)
#21. To: randge (#20)
#22. To: misterwhite (#21)
#23. To: misterwhite, Deckard (#19)
[Deckard] On the video it sure seemed to me that he was resisting. Of course it did.
#24. To: Deckard (#0)
Instead of admitting they made a mistake, the officer arrested Riou on false charges of resisting arrest, according to the lawsuit.
First, Plaintiff raises Section 1983 claims against the City of Miami Police Department. It is well-established that police departments cannot be sued under Section 1983. See Trapp v. Sanchez, No. 08-CV-22267, 2009 WL 2338117, at *1 (S.D. Fla. July 28, 2009) (holding the “plaintiff cannot proceed on a claim against the Miami–Dade Police Department because police departments cannot be sued in a federal civil rights action. In Section 1983 actions, police departments cannot be sued, because a police department is merely an administrative arm of the local municipality, and is not a separate judicial entity.”) (citation omitted)). Indeed, in Florida police departments are not legal entities subject to being sued. See Fulkerson v. Russell, No. 3:17-cv-560-J-34JRK, 2017 WL 6041954, at *2–3 (M.D. Fla. Dec. 6, 2017) (citing cases). Plaintiff is advised to review any amended complaint to ensure it complies with applicable law.
LLANES knew or should have known that MR. RIOU was non-threatening when MR. RIOU complied with LLANES’ order to leave the park.
"MR. RIOU complied with LLANES’ order to leave the park."
LLANES unlawfully prevented MR. RIOU from leaving the area of the park bench where MR. RIOU was sitting and Alonzo Kelly Park itself and confined MR. RIOU to the park and back of the police car handcuffed pursuant to LLANES’ unlawful arrest against MR. RIOU’S WILL and without MR. RIOU’S consent or permission.
PAPERLESS ORDER denying 6 Motion for Extension of Time to Amend due to the failure to submit a proposed order, as is required by the Local Rules. Signed by Judge Cecilia M. Altonaga (CMA) (Entered: 05/29/2019)
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