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Brickbat: Land of the Free

ArrestedWawritto / DreamstimeDavino Watson was arrested by Immigration and Customs Enforcement, denied a lawyer and held for almost three and a half years as a deportable alien before someone figured out that his claim of being a U.S. citizen was true. Then, he was released half a country away from his home in New York. Now, a federal appellate court has ruled he isn't eligible for any compensation for that because the statute of limitations for filing a claim expired while he was still in ICE custody and denied a lawyer.

Photo Credit: Wawritto / Dreamstime

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  • Telcontar the Wanderer||

    Now, see, this is the exact sort of statist big-government abuse that happens when you let in Hispanic immigrants to vote for Democrats.

  • Brandybuck||

    No, this is what you get when you let lily white affluent urban liberals vote. I say we let the Hispanics in and deport all whites living within fifty miles of an Ivy League school.

  • Telcontar the Wanderer||

    I wasn't aware US college campuses were hotbeds of nativism.

  • John C. Randolph||

    That court fucked up. The statute of limitations should be applied starting from the last date of the victim's illegal imprisonment, not day they first kidnapped him. Under the court's fucked up, incompetent, brain-dead, and frankly evil theory, the government can escape consequences for crimes it commits simply by making them worse.

    The district judge should be impeached for his complicity in a conspiracy to deprive the victim of his civil rights under color of authority, disbarred for his gross contempt of our civil rights and our constitution, tried, convicted and imprisoned for at least two decades along with any of the other apparatchiki who participate in this crime , and then left to die of starvation on the streets as a pariah.

    -jcr

  • Gene||

    We can always dream.

  • some guy||

    I'll go one further and ask why is there even a statute of limitations when the government is the defendant? What is the purpose of that other than FYTW?

  • Cyto||

    The court applied an interesting standard - that he had to file his motions starting from the first time he went before a judge. But at that time he was asserting that he was a citizen and should be released. When they didn't release him and moved him a thousand miles away, held him for 3 years and then finally released him while continuing deportation proceedings, I'd say he had a new cause of action.

    But the court didn't agree. He should have filed a claim for wrongful imprisonment from day one, while they were still trying to determine if he was wrongfully imprisoned.... That is a requirement worthy of J. D. Salinger.

    These guys have their priorities all backward. They are the "the system is more important than the individual" judges. This guy got hosed, they know he got hosed, and they care more about the order in which paperwork was filed than justice. Straight out of the movie Brazil.

  • Jerryskids||

    " 'Equitable tolling is a rare remedy to be applied in unusual circumstances, not a cure-all for an entirely common state of affairs,' the majority wrote.

    "In a dissent, U.S. Circuit Judge Robert Katzmann skewered his colleagues' reasoning.

    " 'I would hope that nothing about Watson's 1,273‐day detention can be said to have been "an entirely common state of affairs," ' he wrote. 'If it were, we should all be deeply troubled.' "

    Sadly, I gotta agree with the majority opinion and would suggest Katzmann wake up and smell the coffee. If you're not deeply troubled by how the justice system operates, you ain't paying attention.

  • Libertarian||

    Google employee writes ten pages explaining how Google is a echo chamber of political correctness that doesn't tolerate dissenting opinions. But in all fairness to Google, it immediately supported his thesis:

    "Google Fires Author of Divisive Memo on Gender Differences"

    http://www.foxnews.com/tech/20.....s-say.html

  • some guy||

    I read the memo. It was very well thought out and basically just promoted treating everyone as an individual rather than constantly trying to use various demographics as proxies for intellectual/creative diversity. So of course he had to be exiled, because Google isn't looking for intellectual/creative diversity any more. They're looking for superficial diversity to please the PC police.

  • Libertarian||

    The irony is that the guy is of the mind that there are natural differences attributable to sex, yet we need to treat people as individuals . . . while the "progressives" believe we should treat people as members of tribes because we're all equal.

  • KerryW||

    ^^ This is a brilliant commentary on the situation

  • some guy||

    According to the article he was originally awarded $82,500. That was stripped away on appeal. So not only did the servants of our great nation violate this guy's constitutional rights, but they first decided his time was only worth about $24,000 per year... before they actually appealed that decision and won on a technicality.

    Government is simply the name we give to the crimes we choose to commit together.

  • Telcontar the Wanderer||

    Government is simply the name we give to the crimes scared middle-aged soccer moms decree we have commited against us.

  • Longtobefree||

    Well, they did provide room and board for the three years, so the total value is more like $25,000 a year.

  • Fist of Etiquette||

    Incentives. The government just told the government that if you want to avoid paying out tax dollars to citizens for your screw up, just keep said screw up going until the statute of limitations runs out.

  • Griffin3||

    Yes, fuck the appeals court. Clock starts running the moment the guy is set free on the street. The government should be paying salary, damages, and penalty on top of that. If the system made an honest mistake, it should be corrected so it doesn't happen again. If bad actors are doing this deliberately in ass-covering actions, then heads should roll. How is this a difficult concept?

    {mouth fills with angry spit}

  • Hank Stamper||

    OT: Liberterian Moment?

    From a WaPO story I can't link:

    Can you buy a city street? Is that even possible?

    Residents of Presidio Terrace, the oval-shaped privately owned street commonly known as one of the most exclusive communities in San Francisco, learned the answer the hard way.

    In an expensive city, the homes on Presidio Terrace are in a league of their own. One had an asking price of $16.9 million last year, which dropped by $2 million. It's a steep price to be neighbors with the likes of Sen. Dianne Feinstein (D) and House Democratic leader Nancy Pelosi, who have called the street home.

  • Longtobefree||

    Sure you can. It is/was private property, not a public street. All private, gated communities are like this. The developer, then the homeowners through an association, have title to all common lands, including the streets. They do all the maintenance and stuff. Evidently it was titled in the association name, not any of the individual property owners. A little San Francisco government incompetence, a tax sale, and there you go.
    Look it up on BBC. Not sure WaPo can tell the story.

  • KerryW||

    The incompetence was with whomever in the homeowners association was supposed to pay taxes. They moved and didn't send their new address to the tax people. So the taxes went unpaid for 30+ years.

    As a side note, the taxes were only $14/year (which seems rather low), and the total bill, including penalties and interest, was under $1000. Oops.

  • Robert||

    Google Street View is bizarre there. Seems to show the camera car drove a small internal loop of part of it without getting in & out!

    The bldg. numbering looks like a nightmare for the PO & Census Bureau too. Then again, I've seem some room & apt. numbering on floors of bldgs. that I could hardly make head or tail of too.

  • Bubba Jones||

  • Unlabelable MJGreen||

    Can you buy a city street? Is that even possible?

    Yes. How stupid are your readers?

    This is the ignorance behind the "muh roads" critique. People assume that government builds roads, and therefore it must be that it builds and controls all the roads.

  • Longtobefree||

    This proves what we need are forgery proof national identity cards linked to a massive federal database that includes full DNA markers for positive identification. He would not have been held for a minute longer than the fully justified life sentence for being accused of a drug action.

  • ace_m82||

    The Lord is a God who avenges.
    O God who avenges, shine forth.
    Rise up, Judge of the earth;
    pay back to the proud what they deserve.
    How long, Lord, will the wicked,
    how long will the wicked be jubilant?
    They pour out arrogant words;
    all the evildoers are full of boasting.
    They crush your people, Lord;
    they oppress your inheritance.
    They slay the widow and the foreigner;
    they murder the fatherless.
    They say, "The Lord does not see;
    the God of Jacob takes no notice."
    Take notice, you senseless ones among the people;
    you fools, when will you become wise?
    Does he who fashioned the ear not hear?
    Does he who formed the eye not see?
    Does he who disciplines nations not punish?
    Does he who teaches mankind lack knowledge?
    The Lord knows all human plans;
    he knows that they are futile.
    ...
    Judgment will again be founded on righteousness,
    and all the upright in heart will follow it.
    Who will rise up for me against the wicked?
    Who will take a stand for me against evildoers?
    ...
    Can a corrupt throne be allied with you—
    a throne that brings on misery by its decrees?
    The wicked band together against the righteous
    and condemn the innocent to death.
    But the Lord has become my fortress,
    and my God the rock in whom I take refuge.
    He will repay them for their sins
    and destroy them for their wickedness;
    the Lord our God will destroy them.

    (Most of Psalm 94)

  • TW||

    The details of the case are "arcane," as U.S. District Judge Jack Weinstein put it in his decision last year. Watson was born in Jamaica and moved in with his dad in the U.S. as a teenager. He was 17 when his father was naturalized in 2002, so he became a U.S. citizen on that day, too.

    In 2007, Watson pleaded guilty to selling cocaine. When his sentence ended in May 2008, he was arrested by ICE officers.

    I would suppose a change in law so that anyone who is convicted of a felony within ten years of becoming a naturalized citizen has their citizenship revoked and is deported after completing their sentence.

  • OM Nullum gratuitum prandium||

    Davino Watson was arrested by Immigration and Customs Enforcement, denied a lawyer and held for almost three and a half years as a deportable alien before someone figured out that his claim of being a U.S. citizen was true.


    Nation of Laws, bitches!

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