Thread: Brandon Raub Sues US Govt: Marine Was Arrested For Facebook Posts – An Update

Brandon Raub Sues US Govt: Marine Was Arrested For Facebook Posts – An Update From John Whitehead & RT

Thursday, May 23, 2013 17:37
(Before It's News)


Former US Marine Brandon Raub has launched a lawsuit against the US government. Raub, who was manhandled, arrested and stuck in a psych ward over over Facebook posts criticizing the US govt was released after the story went viral including massive public outcry. Brandon is represented by John Whitehead of The Rutherford Institute. A huge thanks to them for the fine work they do for freedom and what’s left of our Constitution.

Brandon Raub, a 26-year-old decorated Marine veteran, who served in both Iraq and Afghanistan was arrested and put into a psychiatric institution in August last year for some his Facebook posts. He was detained without charges and was ordered to spend up to 30 days in the psych ward — but, that court order was later dismissed. Now, Brandon Raub is suing the government for infringing on his First Amendment rights. His lawyer, John Whitehead of The Rutherford Institute, sheds light on the details about Brandon’s arrest and what has happened in the months since.



http://www.youtube.com/watch?v=bRxb5...layer_embedded




RTAmerica


http://beforeitsnews.com/politics/20...t-2521060.html

Press release from the Rutherford Institute.

VICTORY: Federal Court Affirms 1st & 4th Amdt. Rights, Denies Gov’t Attempt to Dismiss Lawsuit Over Marine’s Wrongful Arrest, Detention Due to Facebook Posts


August 02, 2013

RICHMOND, Va. — In a victory for free speech and the right to be free from wrongful arrest, a federal court has rejected the government’s bid to dismiss a lawsuit on behalf of a decorated Marine who was arrested by a swarm of FBI, Secret Service agents and local police and forcibly detained in a psychiatric ward for a week because of controversial song lyrics and political views posted on his Facebook page. In allowing the case to move forward, U.S. District Court Judge Henry Hudson ruled that The Rutherford Institute had alleged sufficient facts to indicate that Marine Brandon Raub’s involuntary commitment violated his rights under the U.S. Constitution’s First and Fourth Amendments.

Institute attorneys filed a civil rights lawsuit in federal court on behalf of Raub, alleging that his seizure and detention were the result of a federal government program code-named “Operation Vigilant Eagle” that involves the systematic surveillance of military veterans who express views critical of the government. The complaint alleges that the attempt to label Raub as “mentally ill” and his subsequent involuntary commitment was a pretext designed to silence speech critical of the government.

“Brandon Raub’s case exposes the seedy underbelly of a governmental system that continues to target military veterans for expressing their discontent over America’s rapid transition to a police state,” said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “While such targeting of veterans and dissidents is problematic enough, for any government official to suggest that they shouldn’t be held accountable for violating a citizen’s rights on the grounds that they were unaware of the Constitution’s prohibitions makes a mockery of our so-called system of representative government. Thankfully, Judge Hudson has recognized this imbalance and ensured that Brandon Raub will get his day in court.”

On Aug.16, 2012, Chesterfield police, Secret Service and FBI agents arrived at Brandon Raub’s home, asking to speak with him about his Facebook posts. Like many Facebook users, Raub, a Marine who has served tours in Iraq and Afghanistan, uses his Facebook page to post song lyrics and air his political opinions. Without providing any explanation, levying any charges against Raub or reading him his rights, law enforcement officials handcuffed Raub and transported him to police headquarters, then to John Randolph Medical Center, where he was held against his will. In a hearing on Aug. 20, government officials pointed to Raub’s Facebook posts as the reason for his incarceration. While Raub stated that the Facebook posts were being read out of context, a Special Justice ordered Raub be held up to 30 more days for psychological evaluation and treatment.

In coming to Raub’s aid, Institute attorneys challenged the government’s actions as procedurally improper, legally unjustified, and in violation of Raub’s First Amendment rights. On Aug. 23, Circuit Court Judge Allan Sharrett ordered Raub’s immediate release, stating that the government’s case was “so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy.” Rutherford Institute attorneys filed suit in May 2013 in the U.S. District Court for the Eastern District of Virginia to acknowledge the harm done to Raub and to rectify the violation of his First, Fourth, Fifth, and Fourteenth Amendment rights. Affiliate attorneys Anthony Troy of Eckert Seamens and William H. Hurd and Stephen C. Piepgrass of Troutman Sanders LLP in Richmond are assisting The Rutherford Institute in bringing the lawsuit.
CASE HISTORY
August 03, 2013 • VICTORY: Federal Court Affirms 1st & 4th Amdt. Rights, Denies Gov't Attempt to Dismiss Lawsuit Over Marine's Wrongful Arrest, Detention Due to Facebook Posts
July 17, 2013 • Rutherford Institute Counters Government Attempt to Dismiss Lawsuit Over Wrongful Arrest, Psych Ward Detention of Marine Because of Facebook Posts
May 22, 2013 • Rutherford Institute Attorneys File Civil Rights Lawsuit Over Wrongful Arrest, Detention in Psych Ward of Marine Brandon Raub Because of Facebook Posts
August 29, 2012 • Rutherford Institute Attorneys to File Civil Lawsuit Over Wrongful Arrest, Detention in Psych Ward of Marine Brandon Raub Because of Facebook Posts
August 28, 2012 • TRI Exclusive: Marine Brandon Raub Issues First Public Comments Since Being Arrested, Detained in Psych Ward Over Views, Lyrics Posted on Facebook
August 23, 2012 • VICTORY: Circuit Court Orders Brandon Raub Released, Dismisses Case Against Marine Arrested, Detained in Veterans Admin. Psych Ward over Political Views, Song Lyrics Posted on Facebook
August 22, 2012 • Rutherford Institute Files Notice of Appeal Challenging Arrest & Detention of Marine in Psych Ward for Posting Political Views, Song Lyrics to Facebook
August 21, 2012 • District Court Refuses to Stop Transfer of Marine Brandon Raub to Salem Psych Ward, 3 Hrs. Away, for Posting Political Views, Song Lyrics to Facebook
August 20, 2012 • Rutherford Institute Defends Marine Arrested, Incarcerated in Psych Ward & Detained Indefinitely for Posting Political Views, Song Lyrics to Facebook
LEGAL ACTION

Click here to read Judge Hudson's decision in Raub v. Bowen et. al. Click here to read The Rutherford Institute's complaint in Raub v. Bowen et. al.

PRESS CONTACT
Nisha Whitehead
(434) 978-3888 ext. 604
(434) 466-6168 (cell)
nisha@rutherford.org

https://www.rutherford.org/publicati..._attempt_to_di

VET LABELED 'PARANOID' FOR POLITICAL VIEWS FIGHTS BACK

Charges mental-health screener's animosity to his opinions put him into lockup

Published: 4 hours ago
BOB UNRUH


A mental health screener is being accused of labeling a veteran “delusional” and “paranoid” and ordering him into a mental health hold because of his political statements.

The accusation comes in a case brought by a Marine who was taken into custody by law enforcement after the screener for Chesterfield County, Virginia, said he believed the military man might be a danger, even though the two never had met and never had even talked on the telephone.

The Marine, Brandon Raub, is represented by the Rutherford Institute.

As WND reported, Raub was approached by law enforcement officers from several agencies at his home about his Facebook postings. One officer consulted with a psychotherapist who never talked with Raub. As a result of the evaluation, the officers took Raub into custody.

The officers had contacted Raub mostly because of song lyrics he had posted on social media sites expressing distrust of the federal government and calling for the jailing of former Presidents George H.W. Bush and George W. Bush.

The officers opted for a “mental health evaluation” detention after both local and federal authorities said there had been no crime committed by Raub for which he could be arrested.

As WND reported, Raub filed the First Amendment lawsuit after a judge eventually dismissed the case against him, saying the officers’ concerns were “so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy.”

At that time, another metal health professional concluded the first evaluator who advised the police officers violated professional standards.

The Rutherford Institute wants an appeals court to reinstate the lawsuit against the adviser. Its attorneys argue Raub’s “seizure and detention were the result of a mental health screener’s dislike of Raub’s ‘unpatriotic’ views on federal government misconduct, thereby violating the ex-Marine’s First Amendment right to freedom of speech.”

John W. Whitehead, president of the Rutherford Institute, said that as “various free speech cases working their way through the courts right now make clear, the government, a master in the art of intrusion, surveillance and criminalizing harmless activities, is continuing to clamp down on First Amendment activity on the web and in social media under the various guises of fighting terrorism, discouraging cyberbullying, and combating violence.”

“For the 1.31 billion individuals who use Facebook and the 255 million who tweet their personal and political views on Twitter,” he said,” these cases will determine where the government can draw the line when it comes to expressive speech that is protected and permissible versus speech that could be interpreted as connoting a criminal intent.”

On Aug. 16, 2012, Chesterfield police, Secret Service and FBI agents arrived at Raub’s home, asking to speak with him about his Facebook posts. Like many Facebook users, Raub, who has served tours in Iraq and Afghanistan, used his Facebook page to post song lyrics and air his political opinions. Without providing any explanation, levying any charges against Raub or reading him his rights, law enforcement officials handcuffed Raub and transported him to police headquarters, then to John Randolph Medical Center, where he was held against his will.

In a hearing, government officials pointed to Raub’s Facebook posts as the reason for his incarceration. A Special Justice subsequently ordered that Raub be held up to 30 more days for psychological evaluation and treatment. In coming to Raub’s aid, Rutherford Institute attorneys challenged the government’s actions as a violation of Raub’s First and Fourth Amendment rights.

Circuit Court Judge Allan Sharrett agreed, throwing the case out. Raub then sued Michael Campbell, who had advised the police officers.

In its court submission, the Rutherford Institute contended Campbell acted far beyond the allowable limits.

“Campbell knew that Raub was not mentally ill,” the court filing said. “Yet, Campbell lied by withholding from the magistrate the critical information from Raub’s mother … and by telling the magistrate, for example, that Raub was ‘delusional’ and ‘paranoid.’”

His mother had provided information that Raub’s behavior had not changed in any way that would suggest a danger existed, the document states.

The document also cited the expert report of Dr. Catherine Martin, an experienced psychologist “who reviewed Campbell’s evaluation – and the facts on which he supposedly relied – and condemned his actions in exceedingly strong terms.”

“She did not suggest that this case is a ‘gray area” where reasonable professionals might differ, nor did she simply say that she ‘disagreed’ with Campbell. … She explained that, with respect to both the initial detention of Raub and the later procurement of a temporary detention order, there was a ‘lack of evidence of mental illness’ and that Campbell’s actions were a ‘violation of professional standards.’

“Based on this evidence, a jury might conclude that Campbell was well-meaning but incompetent, or it could conclude that this senior clinician knew exactly what he was doing and deliberately distorted his report in order to mislead the magistrate into issuing the TDO. Even on the cold pages of Campbell’s deposition transcript, Campbell’s animosity toward Raub because of his negative views toward the United States government is almost palpable,” the filing states.

“In the brief filed with this court, Campbell again repeats his views that Raub’s political views constitute mental illness. … This alone in enough to make Campbell a menace to Raub’s liberty,” it argues.

The filing said Campbell’s explanations are “exaggerated and slanted,” and the appeals court should order full discovery and a trial.


Read more at http://www.wnd.com/2014/10/vet-label...EP8PveaSqS3.99