Blanche A. Brown v. Joseph Friel, Police Chief, et al.
DueProcess FourthAmendment
Right to report abuse and seek protection
QUESTIONS PRESENTED IT IS BELIEVED that: A Permanently Disabled Medically Vulnerable Patient’s RIGHT to: (1) REPORT Patient ABUSE; Elder ABUSE to an abuser’s Govt Medical Center employer; (2) Report Domestic Vielence to Law Enforcement and to (3) REPORT Child Abuse, Firearm Violence, Stalking and attempts on victim’s life; (4) PETITION the State for Protection From ABUSE (5) Alert the abuser’s employer to credible threats of workplace violence made by the abuser (6) Offer Moral Support and Communicate with her abuser’s Other Abuse Victims . . . --ARE ALL non-criminal ACTIVITIES that are PROTECTED by THE US CONSTITUTION—even if the exercise of the Victim’s rights causes annoyance and distress for her abuser. 1_Pennsylvania Criminal Statute 18 PA Code §2709: provides,--a person can be Criminally Prosecuted for criminal harassment for any unwanted action toward another person done repeatedly, with a Clear Intent to annoy, alarm, or frighten. | However, {(e) of the Statute presumably Erases PROBABLE CAUSE--because it Expressly EXCEPTS Constitutionally Protected Activity and States : “This section shall NOT apply to Constitutionally Protected Activity.” 2. PA Act 70: Adult Protective Services Act was enacted to Provide Protection for Vulnerable Adults who are unable to protect themselves, and are at risk of abuse 3. Per 23 PA Code § 6107 (Protection from Abuse Act): The court may ORDER an ABUSER to RELINQUISH FIREARMS to local law enforcement within 24 hours as part of a temporary Protection From Abuse order if the petition demonstrates (1) : abuse involving a firearm OR (2) an immediate and present danger of abuse. Failure to Relinquish firearms may subject the abuser to penalties under 18USC 922(g). 4. ***However, Neither 23 PA Code nor Court Restraining Orders or VAWA state that a PROTECTED PARTY (abuse victim) who Files a Petition for Protection can be held to violate the Court Order or be arrested or Prosecuted for allegedly violating the Restraining Order; OR Prosecuted for REFUSING the abuser’s and Police Demand to WITHDRAW the Protection from Abuse Petition. THEREFORE 2 QUESTIONS ASKED ARE: ; 1. Will a Municipal Chief Law Enforcement Officer’s pretext of PROBABLE CAUSE for RETALIATORY PROSECUTION of ABUSE VICTIMS automatically DEFEAT Plaintiffs constitutional claims: Whenever a Police Chief , acting in the role of Prosecutor DECLARES (absent proof of criminal intent) that: * Domestic Abuse VICTIMS who MAIL a copy of her COURT PROTECTION ORDER to her abuser “Violates her own Protection From Abuse Order” -| Even though NEITHER the Protection From Abuse Statute NOR the Court Orders RESTRAIN the petitioning ABUSE VICTIM Whenever a Police Chief in the role of Prosecutor DECLARES (absent proof of criminal intent) that: ¢ Patient Abuse VICTIMS criminally harass their violent ABUSERS—when the VICTIM reports PATIENT ABUSE to their Treating Government Medical Center (abuser’s employer) and contact the ABUSER’S previous medical center assault victim ... thereby causing the abuser distress and annoyance Even though the specific state criminal statute Expressly EXCEPTS Constitutional Protected Activity from its application 2. IS IT PROCEDURAL (DUE PROCESS) ERROR TO GRANT DEFENDANT’S RULE 56 SUMMARY JUDGMENT MOTION When The Court COPIED and PASTED into the Court’s Dispositive Judgment “Opinion”, Defendant’s Summary Judgment Motion Briefs nearly WORD-FOR-WORD (to include Defendant’s Bates Document Number System) ~giving undue weight to Defense Counsel’s finding of fact, conclusions of law and reasoning -hence failing to conduct its OWN INDEPENDENT Balanced, Measured, Researched and Reasoned analysis; or form it’s own Fully Informed Opinion. ... and * Absent Supporting Evidence from Defendant or in the Case File | * To the Complete EXCLUSION of Plaintiffs (NON-MOVING Party) Countermotion and Opposing Response * Without CONSIDERING EVIDENCE in the case file and in Plaintiffs Brief and Exhibits that Counter Defendant’s claims, BUT Support A