On Thursday 30 December 2010, during my CIA protest at San Diego Big Balloon Parade on Harbor Drive, I had been arrested by San Diego Policemen: Sergeant JESUS CESENA, officer EDUARDO LOPEZ (#6654), and officer DAVID VALDEZ (#6562). DENNIS MORGIGNO, a male TV reporter called police to get rid of me from his booth, so my voice could not get in the live TV. You can see him from this video. They violated US Constitution on purpose (First Amendment, Freedom of Speech & Fourth Amendment, Excessive Force and Detention without Probable Cause). They also violently violated Human Rights.
Policemen Valdez and Lopez grabbed my arms, twisted my arms toward my back and dragged me backward to a grass area behind bushes. They ripped my poster out of my hands cause bleeding, broke the poster in half, then handcuffed me and kept me in the back of police car for more than one hour in a hot day with all car doors closed. Later, police officer MICHAEL P. MORAN (#5700) and PERT Clinician KATHRYN ALBAN (#0498) came to the scene. They transferred me to their car to conduct a psychological test. I told them I was not mentally ill. I begged Alban and Moran to release me. I promised them I would leave the parade to have a music band practice at 1pm. I was the leader of Autumn Drift band.And my band had a show on the coming Valentine Day (Feb 12, 2011). I have also been a Touch Screen Inspector of San Diego Registrar of Voters since October 2010. Alban lied to me that she and Michael Moran took me to hospital to take care of my bleeding hand.
Actually, Alban and Moran took me to hospital to put me in SCRIPPS MERCY mental jail (psychiatric ward) for 72 hours (3 days) under Section 5150 because of police's fabricated evidence: "He (me) was disrupting the parade by yelling obscenities at women and children" Shame on Kathryn Alban and the policemen! Psychiatrist Yashwant Chaudhri discharged me from Scripps Mercy mental jail after 2 days. He knew I was an innocent man.
San Diego policemen lied to arrest me under Section 5150. They are not allowed to do that. Here is an excerpt from the cover story "Tuan's Paradoxes" of San Diego City Beat magazine (published on Wed 27 April 2011).
The following is a proof to show that in USA, Big Brother controls everything:
2. Why did San Diego police arrest me on December 30, 2010? From April 2010, I had been forced to live alone in my van by Big Brother. I decided to live in front of public eyes to tell my story. I chose San Diego downtown. Most of time, I protested in Court area (Federal court, Hall of Justice) and in crowded places like Comic Con, Balboa park, San Diego harbor, Veteran Day parade avenue, Convention center, San Diego Police Department, etc.
San Diego Hall of Justice Society for Neuroscience's Annual Conference
San Diego Broadway San Diego Police Department
San Diego Harbor Police Department San Diego Convention Center
Big Brother's man destroyed "CIA DEMON" sign on the top of my van in San Diego downtown
San Diego County Administration Center Big Brother's woman tore off my protest posters
Why didn't Big Brother arrest me during these 8 months (from April 2010 to December 2010)? I had using the same poster stick and telling people the same phrases such as "CIA destroyed my life.", "CIA is demon.", "CIA is evil.", "CIA is stupid. CIA trained Bin Laden.", etc. The main reason is: before the arrest, I did contact Senator Barbara Boxer and Senator Dianne Feinstein for help.
I was advised to request for FOIA (Freedom of Information Act) and PA (Privacy Act) from NSA. I got answer from NSA on November 9, 2010. I brought this letter to show people in front of Hall of Justice that NSA denied my request because of "The classified nature of the National Security Agency's efforts prevents us from either confirming or denying the existence of intelligent records responsive to your request, or whether any specific technique or method employed in those efforts ."
Big Brother did not like the fact that I displayed NSA's letter at Hall of Justice. Big Brother decided to give me a warning: On December 1st, 2010; while I parked my van in front of CHASE bank on 101 W. Broadway, at corner of First Ave, I saw a white jeep'd parked right behind my van. The jeep's license plate was "SAMIAMR" means "I AM MR. SAM". And there was a pair of handcuffs hang in front mirror of its windshield as the following photos:
Not only Big Brother threatened me 30 days before the real arrest, but Sergeant Jesus Cesena - police supervisor at the parade - also threatened me at the beginning of the parade at San Diego Harbor on December 30, 2010: He came in front of me, face to face, his left hand hold and squeezed my upper right arm, while he spoke softly, clearly through his teeth so only me could hear him: "I dare you to mess up the parade." In short, police had been ordered by Big Brother to arrest me at the big balloon parade. They had planned the arrest. They wanted to silence me as Mr. Dave Maass, staff writer of SD City Beat magazine, wrote in his "Tuan's Paradoxes" cover story: "Big Brother finally came to silence him during the Big Balloon Parade".
3. My reputation had been damaged too much by this incident!
The story had been reported on San Diego City Beat magazineWednesday 27 April 2011 "Tuan's Paradoxes" by Dave Maass:
And on San Diego READER magazine "Off the Big Bay Balloon Parade Route" by Dave Rice (January 1, 2011). San Diegans started to believe that I was a crazy men, a mental ill man:
San Diegans don't know that is a dirty trick of Big Brother. It slandered and libeled me as a crazy man to cover up its evil on me. Big Brother created a simple psychological trick to fool people: If somebody cough in front of him, he'll be mad and upset. It's funny that this very simple trick had fooled so many people in every social class. The following article on San Diego City Beat magazine (Wednesday 18 May 2011) proves that San Diego policemen lied to arrest me:
"A private citizen" on the "Tuan's Truth" story is Mr. Carl Yee. He is an honest man and a brave gentleman! He wrote the following letter to support me in my lawsuit:
The bravest Psychiatrist Dr. Harry C. Henderson III confirmed that I had no psychiatric problem. He supported me to have a kidney transplant:
With the supports of Psychiatrist Harry Henderson and Dr. George Z. Fadda, my name was listed in the kidney waiting list of Scripps Green Hospital in August 2012. I got a kidney transplant on June 14, 2015 at Scripps Green Hospital, La Jolla, CA 92037. There are good people in this world! SHARP Hospital and UCSD Hospital must be embarrassing to know this news.
4. THE LAWSUIT
I started to sue SDPD (filed the complaint paper) at CALIFORNIA SUPERIOR COURT (Hall of Justice) on September 22, 2011. My case number was: 37-2011-00098219-CU-PO-CTL.
UNITED STATES DISTRICT COURT MADE AN AFFAIR WITH CALIFORNIA SUPERIOR COURT TO SAVE San Diego Police Department FROM MY "MOTION TO ENTER DEFAULT" filed at CALIFORNIA STATE SUPERIOR COURT (Hall of Justice).
Thirty days after my complaint, there was no response from SDPD. Perhaps, policemen thought that I did not know lawful stuffs. I then filed "Motion to Enter Default" to get rid of defendants of my case. To save SDPD, United States District Court and California Superior Court made an affair to cheat me by transferring the case to Federal Court (US District Court). My case had a new case number: 11-CV-2594-WQH-NLS, the whole thing started again!
Dear Readers, You can access to my case by going to 4th floor of Superior Court building at 303 W. Broadway, San Diego, CA 92101 (if you have an ID). There are many computers on the waiting area. You can do a query by typing case number "11-CV-2594". You can see entire of my case documents, judge orders, etc.
UNITED STATES DISTRICT JUDGE WILLIAM Q. HAYES DISMISSED THE MOST IMPORTANT DEFENDANT "CLINICIAN KATHRYN ALBAN" OF MY CASE:
PERT clinician Kathryn Alban was the one who decided to put me in mental jail under Section 5150 as papers below. But Judge William Q. Hayes granted her MOTION TO DISMISS and denied my REQUEST to ENTER DEFAULT. He did not read my submiting papers at all.
PRESENTLY, JAN I. GOLDSMITH, SAN DIEGO CITY ATTORNEY FOR DEFENDANT SDPD IS TRYING TO DISMISS MY CASE BY FILING "MOTION FOR SUMMARY JUDGMENT" on December 19, 2012:
THE RIDICULOUS DEAL
Brian D. Murphy is the first defendant deputy city attorney. Mr. Murphy called me on Tuesday morning August 7, 2012 to make a deal with me. He offered me $500 to drop the case!!! I refused his offer. After that, the City of San Diego had changed its Deputy City Attorney many times: -Brian D. Murphy - Robert E. Williams - Kathy J. Steinman - Christina M. Milligan - and later Timothy C. Stutler
I filed OPPOSITION TO DEFENDANTS' MOTION FOR FULL OR PARTIAL SUMMARY JUDGMENT and was waiting for Judge Hayes' order. Judge Hayes made an order on May 13, 2013: "The matters before the Court are the additional pleadings necessary to resolve Defendants' Motion for Summary Judgment (ECF No. 28)" Factual Assertions for Plaintiff and First Amendment Claim for Defendants "Plaintiff is cautioned that neither an unverified complaint nor unsworn statements made in a brief can be considered as evidence at the summary judgment stage...In addition, an affidavit or declaration must be sworn or substantially comply with the requirements of 28 U.S.C § 1746, which provides that an affidavit or declaration be executed as follows: "I declare (or certify, verify, or state) under penalty of perjury that the for foregoing is true and correct. Executed on (date) (signature)" I don't know if Judge Hayes or his secretary read my OPPOSITION carefully or not. I did sworn exactly the requirement of 28 USC § 1746 at the end of my DECLARATION part of my OPPOSITION. It bothers me to know that a silly mistake like that presents at US District Court level." "All remaining Defendants have filed a Motion for Summary Judgment requesting that the Court enter summary judgment as to all of Plaintiff's claims.. The Motion contains no legal authority or analysis necessary for the Court to resolve the First Amendment claim. "
I submitted the Support to Assertions of Fact in Opposition to Defendants' Motion for Summary Judgment on Monday 3 June 2013. I wonder why Judge Hayes did not deny Defendants' Motion for Summary Judgment based on the crystal clear fact that Defendants lied. Defendants filed "Defendants' Supplemental Briefing in Support of Their Motion for Full or Partial Summary Judgment" on 17 June 2013. I submitted my opposition to this file on 2 July 2013.
In August 15, 2013 Judge Hayes made an order granting a part and denying a part Defendants' Motion for Summary Judgment (From now Defendants cannot cancel this case anymore. Only way for them to do that is to kill me, to make me stroke, or to make me heart attack as they are doing it in FMC dialysisservices of College)
I do not agree with Judge Hayes' decision to dismiss clinician Katheryn Alban and Officer Michael Moran from this case. These two people took me to Scripps Mercy Emergency and put me in a mental jail under section 5150. Their action is both a crime and a civil wrong. They must be responsible for my reputation' s damage (Defamation), wrongful imprisonment violation, and criminal negligence. The arrest had been reported on San Diego City Beat magazine and San Diego Reader.
THE TRAP Friday 27 September 2013: I came to court room 14B, US District Court 333 West Broadway, San Diego for a status conference. Judge Hayes just asked me if I wanted a free lawyer? I was very please to have one. Judge Hayes set another status conference on Friday 10 January 2014. That's all for the status conference.
Thursday 21 November 2013: Last Tuesday afternoon (11-19-13) while working as a Touch Screen Inspector for San Diego Mayer voting, I got a call from attorney Robert H. Rexrode. He told me that Judge Hayes appointed him as my free lawyer. He made an appointment to see me today at 9am. I am looking forward to see what Attorney Rexrode can help my case.
Jan 3 2014: Notice of Appearance by Timothy C. Stutler on behalf of Defendants.
Lawyer Robert Rexrode submitted "MOTION TO RECONSIDER" on 13 January 2014.
Judge William Q. Hayes orders:
Lawyer Robert Rexrode filed "MOTION TO AMEND COMPLAINT". He added San Diego TV Channel 4, reporter DENNIS MORGIGNO, and Sgt. JESUS CESENA into defendant list.
The follows is defendants' reply to my MOTION TO RECONSIDER:
Lawyer Robert Rexrode's REPLY TO ALBAN'S COUNSIL'S REPLY:
Lawyer Robert Rexrode replied to SDPD's reply.
THE TRAP WAS SET April 14, 2014: JUDGE HAYES' ORDER Kathryn Alban and Sergeant Jesus Cesena are put in the defendant's list !
On April 27, 2014, Lawyer Robert Rexrode filed "Plaintiff's First Amended Complaint" From this day on, I have a difficulty to contact with my lawyer Robert Rexrode via email. He doesn't answer my emails. I don't know if he did not want to answer them or Big Brother deleted my emails to him? Did I fall into their trap?
May 12, 2014: Defendants Cesena, Lopez, Valdez and SDPD file Motion to Dismiss First Amended Complaint
May 19 , 2014: Defendant Kathryn Alban files Motion to Dismiss
June 6, 2014: Defendant Kathryn Alban files Non Opposition
June 23, 2014: Judge Hayes made a transfer order: the case is transferred from the calendar of the Honorable Nita L. Stormes, to the calendar of the Honorable Mitchell D. Demblin
I WAS IN THE BOTTOM OF THE TRAP!
June 30, 2014: Hayes orders Granting Unopposed Motion to Dismiss the First Amended Complaint: "All state law claims against Defendants Lopez and Valdez, and all claims against Defendants Alban, Cesena, and the San Diego Police Department are dismissed without prejudice."
What an injustice decision! Sgt. Cesena was the supervisor of SD police at the parade, who ordered officers Lopez and Valdez to arrest me; PERT clinician Kathryn Alban was the one decided to put me in mental jail; and all defendants was employed by San Diego Police Department. How SDPD, Jesus Cesena and Kathryn Alban can escape the case? no more in the defendant list? The reason is "very silly": My lawyer filed a new Notice of Motion to Amend Complaint after three years of the incident.
This is an important evidence to show that the system (CIA, US District Court including Judge William Q. Hayes, and City of San Diego including its Attorneys) is trying to cheat me to cover up SDPD.
Friday January 1, 2015: SETTLEMENT CONFERENCE
My lawyer (Robert R. Rexrode) and me met Defendants' lawyer ( Timothy C. Stutler) and Federal Magistrate Judge Mitchell D. Dembin at suite 1180, 11th floor, Federal Court house (333 West Broadway) for Settlement Conference. Federal Judge wanted to know what I want from the case. My lawyer gave a number based on fact that the arrest caused so much bad effects on me and my family, such as I have been considered as a crazy man by San Diegans for many years; my children had been teased, bullied, and harassed at school so much, so they turned to angry with me and did not talk to me for years; my wife decided to divorce me; I could not find any jobs even I got two master degrees in computer science and physics; I had been physically and mentally tortured by police and being forced to living with mentally ill patients in Scripps Mercy Behavioral Health Center, etc. Defendants' lawyer refused the deal. So the case has been scheduled to go on without settlement. That Friday afternoon, I came to dialysis and got another atrial fibrillation. It's not only that day. I got atrial fibrillations every day on Friday, Saturday, Sunday, and today Monday 8/4/14. What an evil Big Brother! BIG BROTHER HAS KEEPING ME IN DIALYSIS FOR 12 YEARS WITHOUT ANY KIDNEY TRANSPLANTS, SO BIG BROTHER CAN EASILY TORTURE AND STUDY MY HEART & BRAIN.
DEFENDANT DEPUTY FISHING
Thursday March 5, 2015:THE SECOND DEPOSITION
I meet defendants' deputy Mr. Timothy C. Stutler for second time at 11th floor, inside City of San Diego. I have to do another deposition. That's weird. Because couple years ago, I already had a deposition with defendants at the same place. Moreover, last year I and defendants' deputy Mr. Stutler had a unsuccessful settlement. I think If a settlement is not successful, then the case goes directly to trial. Why deposition again? I feel dizzy and tired because last couple weeks I was in hospital twice. My heart has a problem. I lost 7 kg. Mr Stutler has asked me a lot of questions in 3 hours (from 10:45am to 1:45pm). He tells me take a break for lunch, and we will continue the deposition. I refuse it. I am so tired and dizzy. Mr. Rexrode explains to me that the cost of camera and recording service is high, therefore we should finish it today. No, I don't want to continue today since Mr. Stutler asked me only two topics for 3 hours: - Why do I believe that CIA ordered police to arrest me? - What happened on the incident day (Thursday 30 December 2010 - the day I had been arrested by SD police at the Balloon parade). Mr Stutler tried to capture my words to defend Officers Valdez and Lopez's excessive force on me (dirty works). i should know this sooner. He just repeated topics again and again. He was wasting the time and made me so tired. Finally, Mr. Rexrode and Mr. Stutler make another deposition day: Tuesday 10 March 2015.
Tuesday March 10, 2015: THE SECOND DEPOSITION PART 2
The second deposition continues today. We meet at 10am and finish at 12:30pm. Defendants' deputy asked me ~ 40 exhibits. The final trial may be in April 2015. Because the US District court and California Superior court had cheated me before (transferred my case from California Superior court to US District court to escape my "Motion to Enter Default" from Hall of Justice), therefore I don't believe in "Justice" any more. April 15, 2015: Chief deputy city attorney Timothy C. Stutler filed Opposition to my lawyer's request for a Jury trial. He knew that with the presence of Jury, he will lost the case and the city of San Diego has to pay a lot of money for my damages. He just want to finish the case within his family without media, jury, outsiders.
Sunday, April 19, 2015: The trial is set on Tuesday 4 August 2015
Sunday June 14, 2015: I got a kidney transplant at Scripps Green hospital, La Jolla, San Diego. I asked my lawyer to postpone the final trial dates to: Monday 21 September 2015 at 3pm Tuesday 22 September 2015 at 9am and Wednesday 23 September 2015 at 9am Address: U.S. District Court Southern District of California 333 West Broadway San Diego, CA 92101 Room: Hon. William Q. Hayes Location: Courtroom 14B (14th Floor - Carter/Keep) Suite 1480
Oral Argument Hearing day: Friday, Oct 16, 2015
My case is one of the weirdest cases in US District Court: - It took five years to have final trial dates. - There is no tv or newspaper reporters (Although I'd invited those media companies to attend the final trial dates.) - I had no jury, no witnesses in trial days. - Defendants (SDPD, city of SD's attorneys) filed opposition to my jury request and had been granted by Judge. Why were they afraid of jury? Because if there were jury, I would win the case. The y did not want to let jury decide the verdict. They wanted to do it by themselve. - My lawyer told me that he could not contact my witness Mr. Carl Yee or Scripps Mercy Psychiatrist Yashwant Chaudhri. He convinced me that Mr. Carl Yee's appearance in court was not so helpful anyway. - Original, Defendants were San Diego Police Department, sergeant Jesus Cesena (Police supervisor at the parade, who ordered his officers to arrest me), clinician Katheryn Alban (She decided to put me in a mental jail), officers Michael Moran, Eduardo Lopez, and David Valdez. Now there are only two pawns left in defendants' s list: Eduardo Lopez and David Valdez. - Defendants do not want to have any third party in court except me alone, to easily manage the case as what they want. They brought out three fake witnesses from COX (John Turner, Shane Fortin, and John Spriet), taught them how to lie in court shamelessly. I don't know what they had been rewarded from Timothy C. Stutler for their testimony jobs? - SD city attorney Timothy C. Stutler made up many dirty evidences to make me look bad: He said that I stood in security zone to protest; I refused to move to another places; my poster stick had an end point like a weapon; I used obscenities words to women and children at the parade; my behavior was madness; my words was insane, etc. He really is an ignoble and infamous attorney. I was so surprised to know that he also was an author (writer) via his page on Facebook. I thought that only honest and wise people could be writers. His name reminds me about a tiny chimney's stuck. - I did not have any chances to speak, most of times I was allowed to answer "yes" or "no", without explanation. Whenever I tried to add evidence into my answer, Judge William Q. Hayes stopped me and warned me, or his court recorder, Melinda Setterman, stopped me by asking me to repeat/spell my words, then they changed the topic right after that. Melinda Setterman also modified the transcript of the Bench trial send to US Court of Appeals for the Ninth Circuit, in San Francisco to harm me and to protect San Diego police. The system is so dirty. - After closing statements, Judge made no verdict. He said that he would send a written decision. To me, the US Federal court is nothing noble in being superior. It's just like a drama stage. A script had been written. Actors and actresses just do their rolls. Innocent people like me, are only allowed to watch the show, have no way to interfere to the script. Sunday 20 December 2015: I got nothing from court yet.
Monday 28 December 2015: Time has come. Today, Mr. Rexrode, broke his promises that I would win the case, sends me an order from "Honorable Judge" William Q. Hayes. There are too much of lying in this order. I don't have time to explain all. I just give one example: I quit my teaching job at Grossmont College. I quit my private tutoring job. Nobody fired me from my jobs, but Judge Hayes claimed that "he lost his job teaching at Grossmont College, that his wife obtained a restraining order against him and divorced him, and that parents of students Plaintiff tutored fired him as a result of his beliefs about the CIA interfering in his life." To cover up SDPD, and let SDPD wins, Judge Hayes described me as a bad, dangerous, mentally ill person. He rejected all my complaints such as Detention Without Probable Cause, Unlawful Use of Force, First Amendment, Fourth Amendment, etc. Judge Hayes pretended to ignore the truth that the arrest had been planned by CIA and SDPD. SHAME ON HIM! He is not deserved for a title "Honorable Judge". I am alone to against CIA, SDPD, City of San Diego. How can I win this case? Will the most evil and powerful organization in the world let me win this case? Justice for whom, exactly?
I filed United States Court of Appeals for the Ninth Circuit on December 30, 2015. I did it by myself. It is better for me not asking Mr. Rexrode for help anymore. My appeal case number is 15-56996. I am not kind of people who can give up thing easily. I still believe that some Judges out there are good people and I am waiting for my luck. If I were to fail in this appeal, I would file a petition for a WRIT OF CERTIORARI to Supreme Court of the United States. Unless...?
Office of the San Diego City Attorney ,again, changed a new council for SDPD Defendants: Carmen A. Brock was replaced Timothy C. Stutler on January 20, 2016.
My Reply Brief was submitted to Ninth Circuit Court in San Francisco on May 16, 2016: