Legal Question in Civil Rights Law in California

A few years back I entered into a verbal contract with the government was known as a plea bargain, long after the bargain received �judicial approval� the government without any type of advance notice drastically changed position to my detriment.

I was arrested placed in subsequent proceedings charged with violating the same laws that the government was promise not to bring, from date of my arrested barriers were raised, I was stonewalled a conspiracy formed to prevent me from obtaining a copy of those proceedings forcing me to file and foia request.

The first foia response was that my request was being exempted under various provisions of the �privacy act�, years later I filed another request that was identical to the first request which the second �foia� response was denied because the requested record was destroyed.

I recently filed a complaint under 5 U.S.C. 552(a)(4)(B) in the federal district court because the recent foia response agency is claiming that the requested record was destroyed one year prior.

My question is this can a request be withheld . .deleted . . or exempted that simply does not exist prior to the request and agencies reply.

In my eyes its physically and mathematically impossible to withhold. .delete. . or exempt anything that simply did not exist this way I am claiming that the officials processing my request is �materially and willfully misrepresenting the facts not once but twice to prevent the disclosure of the requested record within the meaning of 5 �552a(g)(5). I am seeking actual damages and other assorted injuries I incurred.

My question is there any attorney�s in the state of California, Southern California that take cases on a contingency basis where the actual damage can be date back to approx. 9 years of recovery.


Asked on 2/05/10, 8:09 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You didn't have a 'verbal agreement'. Whether you understood that or not, there was a written sentencing report signed by a judge, and a minute order, in the court file, containing all terms that applied to you. There was also a Tahl form signed by you and your attorney, agreeing to the 'deal.

Failure of the FOIA requests are irrelevant to your 'double' prosecution claim. All you had to do was obtain copies of the court file from the court clerk's office in a timely manner.

As to destruction of docs, that is getting common in the courts these days, and the government is not 'guilty' or liable for 'withholding' something they don't have. I feel that the courts should not be destroying and disposing of the paper records without keeping a computer or other digital copy, but they are. So are many police agencies. They are depending upon the DOJ records [rap sheet] to maintain the history. You'd have to prove the docs exist, and are being 'withheld' wrongfully. I can't see how you intend to prove that when they certify the destruction. You'd need some employee in the agency to testify to the contrary as to your records, or produce the documents; yeah, good luck.

Seeking to sue the court or any government agency for some 'conspiracy', you must file a Tort Claim within either 6 or 12 months from the alleged act, such as the 2nd arrest and charges being filed. If it has been longer than that, anyclaims you MAY have had are expired.

Read more
Answered on 2/11/10, 3:28 pm


Related Questions & Answers

More Civil Rights Law questions and answers in California