Monday, June 29, 2020

Public Information Updates: Laney Sweet, et al. v. City of Mesa, et al. United States District Court, Case No. CV-17-00152-GMS

On Monday The Mesa City Council will go "behind doors" on a Virtual Platform format  into a closed-to-the-public EXECUTIVE SESSION
Convene an Executive Session. ES-002-20
Discussion or consultation for legal advice with the City Attorney. (A.R.S. §38-431.03A (3)) Discussion or consultation with the City Attorney in order to consider the City’s position and instruct the City Attorney regarding the City’s position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.
(A.R.S. §38-431.03A(4))1.
Laney Sweet, et al. v. City of Mesa, et al.    
United States District Court, Case No. CV-17-00152-GMS
_________________________________________________________________________
Public Information: Laney Sweet, et al. v. City of Mesa, et al.
 

 

428

Apr 28, 2020

ORDER: Granting the parties' 427 Stipulation to Extend Deadlines as follows:

  • The parties shall complete the reopened deposition of Laney Sweet and additional discovery directed to Sweet Plaintiffs no later than July 10, 2020.
  • The Brailsford Defendants shall file their supplement to their Motion for Summary Judgment no later than August 10, 2020.
  • IT IS FURTHER ORDERED that the deadlines shall not be extended absent extraordinary circumstances.
  • Signed by Chief Judge G Murray Snow on 4/28/20. (GMP) (Entered: 04/28/2020)

Main Doc

Order on Stipulation

430

Apr 29, 2020

TRANSCRIPT REQUEST by Bryan Cochran, Christopher Doane, Brian Elmore, Mesa, City of for proceedings held on 2/20/2020, Judge G Murray Snow hearing judge(s). (Retts, Christina) (Entered: 04/29/2020)

Main Doc

Transcript Request

431

Apr 30, 2020

RESPONSE to Motion re: 421 MOTION Regarding Proposed Search Term Protocol re: 396 Order, Set Scheduling Order Deadlines, Terminate Motions filed by Laney Sweet. (Attachments: # 1 Text of Proposed Order)(Richards, William) (Entered: 04/30/2020)

Main Doc

Response to Motion

432

May 4, 2020

NOTICE of Service of Discovery filed by Laney Sweet. (Stuart, Shayna) (Entered: 05/04/2020)

Main Doc

Notice of Service of Discovery

433

May 5, 2020

NOTICE of Appearance by Joel Grant Woods on behalf of Laney Sweet. (Woods, Joel) (Entered: 05/05/2020)

Main Doc

Notice of Appearance/Association of Counsel

434

May 7, 2020

REPLY to Response to Motion re: 421 MOTION Regarding Proposed Search Term Protocol re: 396 Order, Set Scheduling Order Deadlines, Terminate Motions filed by Bryan Cochran, Christopher Doane, Brian Elmore, Mesa, City of. (Attachments: # 1 Exhibit 1-5)(Retts, Christina) (Entered: 05/07/2020)

Main Doc

Reply to Response to Motion

435

May 7, 2020

Joinder re: 434 Reply to Response to Motion, 421 MOTION Regarding Proposed Search Term Protocol re: 396 Order, Set Scheduling Order Deadlines, Terminate Motions by Defendants Corrine Brailsford, Philip Mitchell Brailsford. filed by Corrine Brailsford, Philip Mitchell Brailsford. (Stillwell, Karen) (Entered: 05/07/2020)

Main Doc

Joinder

436

May 15, 2020

MOTION for Protective Order Against the Brailsford Defendants' Subpoena Duces Tecum to Setec Investigations, Inc. by Laney Sweet. (Attachments: # 1 Exhibit 1-4, # 2 Text of Proposed Order)(Richards, William) (Entered: 05/15/2020)

Att 1

Exhibit 1-4

Att 2

Text of Proposed Order

437

May 29, 2020

RESPONSE to Motion re: 436 MOTION for Protective Order Against the Brailsford Defendants' Subpoena Duces Tecum to Setec Investigations, Inc. filed by Corrine Brailsford, Philip Mitchell Brailsford. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Stillwell, Karen) (Entered: 05/29/2020)

Main Doc

Response to Motion

438

May 29, 2020

MOTION to Seal Document 437 Response to Motion Exhibit 5 in support of Brailsford Defendants' Response to Sweet Plaintiffs Expedited Motion for Protective Order against the Brailsford Defendants Subpoena Duces Tecum to Setec Investigations, Inc. by Corrine Brailsford, Philip Mitchell Brailsford. (Attachments: # 1 Text of Proposed Order)(Stillwell, Karen) (Entered: 05/29/2020)

Main Doc

Seal Document

439

May 29, 2020

SEALED LODGED Proposed Exhibit 5 in support of their Response to Sweet Plaintiffs Expedited Motion for Protective Order against the Brailsford Defendants Subpoena Duces Tecum to Setec Investigations, Inc. re: 438 MOTION to Seal Document 437 Response to Motion Exhibit 5 in support of Brailsford Defendants' Response to Sweet Plaintiffs Expedited Motion for Protective Order against the Brailsford Defendants Subpoena Duces Tecum to Setec Investigatio. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Corrine Brailsford, Philip Mitchell Brailsford. (Attachments: # 1 Exhibit 5)(Stillwell, Karen) (Entered: 05/29/2020)

Main Doc

Sealed Lodged Proposed Document (NEF)

440

Jun 5, 2020

REPLY to Response to Motion re: 436 MOTION for Protective Order Against the Brailsford Defendants' Subpoena Duces Tecum to Setec Investigations, Inc. filed by Laney Sweet. (Attachments: # 1 Exhibit 1-3)(Richards, William) (Entered: 06/05/2020)

Att 1

Exhibit 1-3

441

Jun 5, 2020

ORDER - Discovery Dispute Hearing set for 6/12/20 at 10:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G. Murray Snow. Signed by Chief Judge G. Murray Snow on 6/5/20. (NKS) (Entered: 06/05/2020)

Main Doc

~Util - Set/Reset Hearings AND Order

442

Jun 9, 2020

MOTION for Leave to Appear by Telephone at 6-12-20 Hearing by Charles J Langley. (Attachments: # 1 Text of Proposed Order)(Scharff, Spencer) (Entered: 06/09/2020)

Main Doc

Appear

443

Jun 10, 2020

ORDER granting 442 Motion for Leave to Appear By Telephone. James Belanger and James Scharff may appear telephonically and shall disseminate the call-in number to the Court via email no later than noon Thursday, June 11, 2020. Signed by Chief Judge G Murray Snow on 6/10/20. (SJF) (Entered: 06/10/2020)

Main Doc

Order on Motion for Leave to Appear

444

Jun 10, 2020

MOTION to Seal Document Notice of Filing of Information Pursuant to Court Directive, and supporting Exhibits 1-4 by Corrine Brailsford, Philip Mitchell Brailsford. (Attachments: # 1 Text of Proposed Order)(Stillwell, Karen) (Entered: 06/10/2020)

Main Doc

Seal Document

445

Jun 10, 2020

NOTICE of Service of Discovery filed by Laney Sweet. (Stuart, Shayna) (Entered: 06/10/2020)

Main Doc

Notice of Service of Discovery

446

Jun 10, 2020

SEALED LODGED Proposed Notice of Filing of Information Pursuant to Court Directive re: 444 MOTION to Seal Document Notice of Filing of Information Pursuant to Court Directive, and supporting Exhibits 1-4. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Corrine Brailsford, Philip Mitchell Brailsford. (Attachments: # 1 Exhibit 1-5)(Stillwell, Karen) (Entered: 06/10/2020)

Main Doc

Sealed Lodged Proposed Document (NEF)

447

Jun 10, 2020

Joint MOTION to Seal Document Joint Notice of Extrajudicial Statements by Corrine Brailsford, Philip Mitchell Brailsford, Bryan Cochran, Christopher Doane, Brian Elmore, Richard Gomez, Charles J Langley, Mesa, City of. (Attachments: # 1 Text of Proposed Order)(Scharff, Spencer) (Entered: 06/10/2020)

Att 1

Text of Proposed Order

448

Jun 10, 2020

SEALED LODGED Proposed UNDER SEAL Joint Notice of Extrajudicial Statements re: 447 Joint MOTION to Seal Document Joint Notice of Extrajudicial Statements. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Corrine Brailsford, Philip Mitchell Brailsford, Bryan Cochran, Christopher Doane, Brian Elmore, Richard Gomez, Charles J Langley, Mesa, City of. (Scharff, Spencer) (Entered: 06/10/2020)

Main Doc

Sealed Lodged Proposed Document (NEF)

449

Jun 11, 2020

NOTICE of Service of Discovery filed by Laney Sweet. (Stuart, Shayna) (Entered: 06/11/2020)

450

Jun 12, 2020

Main Doc

Seal Document

Jun 12, 2020

1 - Common Prompts (Text Only) AND Discovery Hearing

452

Jun 12, 2020

Main Doc

Seal Document

453

Jun 12, 2020

Main Doc

Sealed Lodged Proposed Document (NEF)

454

Jun 15, 2020

Main Doc

Order on Motion to Seal Document AND Order on Motion to Seal Document AND Order on Motion for Protective Order AND Order on Motion to Seal Document AND Order on Motion to Seal Document

455

Jun 15, 2020

Main Doc

Sealed Document

456

Jun 15, 2020

Main Doc

Sealed Document

457

Jun 15, 2020

Main Doc

Sealed Document

458

Jun 16, 2020

Main Doc

Transcript Request

459

Jun 17, 2020

Main Doc

Transcript Request

460

Jun 17, 2020

Main Doc

Order on Motion to Seal Document

461

Jun 17, 2020

Main Doc

Sealed Document

462

Jun 20, 2020

Main Doc

Seal Document

463

Jun 20, 2020

Main Doc

Sealed Lodged Proposed Document (NEF)

464

Jun 25, 2020

Main Doc

USCA Mandate

465

Jun 26, 2020

Main Doc

Seal Document

466

Jun 26, 2020

Main Doc

Sealed Lodged Proposed Document (NEF)

Free Law Project > Announcing A New Open Base of Court Information, IDs and Parsers

 
Date  
By William E. Palin, Esq., Michael Lissner Tags courts / courts-db / courtlistener / open data / history "Since 2010 when we launched CourtListener, one of our goals has been to build a complete, accurate, and audited collection of open case law.
Today that goal takes a major step forward as we announce a new tool we have built to parse court data.

A critical step in parsing court opinions is knowing which court produced the opinion. Unfortunately, courts change their names over time and so we encounter opinions from the “Supreme Court of Massachusetts”, the “Supreme Judicial Court of Massachusetts”, and the “Massachusetts Supreme Judicial Court”, among others. These are all names for the very same court of last resort in Massachusetts, so we created a tool that recognizes all these varied names.

We call our tool the Free Law Project Courts-DB.

Using Courts-DB, you can easily look up the name of nearly any American court with published cases going back to 1600. We have used this functionality to parse nearly 16 million court names. After doing so, our accuracy at parsing court names stands at 99.998%. (The remaining 0.002% generally requires a human to understand.)

The Numbers

Tested against 16M courts

17,887 lines of code

718 court identifiers

361 court websites

2,100 regular expressions

Check It Out

Courts-DB consists of over 17,000 lines of code and has data about American courts from the 1600s until modern times. Generally, if the court ever had a published case — and often even if it did not — then that court will be available in Courts-DB. This includes special and limited jurisdiction courts, tribal courts, and even a couple of United States Courts of other countries (looking at you United States Court for Berlin).

Courts-DB uses over 2,100 regular expressions to match court names, has over 300 court websites available for lookup, and provides thousands of examples, variations, typos, and other court metadata.

Finally, the DB contains identifiers for all of these courts. Identifiers are an important part of building any software system, and their absence from the legal industry has been an ongoing challenge to innovation and interoperation. Many of our identifiers are already adopted by the SALI Alliance and we hope to soon incorporate the rest into their standards. If you are developing any sort of legal software, we hope you will consider using these identifiers.

Starting now, Courts-DB is available as open code, a python package or as an extremely long JSON file.

For the techies: To give you a quick taste of what the code looks like, here is one entry in the data for “Massachusetts Supreme Judicial Court”.

[{
  "regex": [
      "${sjc} Ma(ss(achusetts)?)?(\b|$)?",
      "${ma} ${sjc}",
      "Supreme Court Of ${ma}",
      "State Of ${ma} Supreme Court"
  ],
  "name_abbreviation": "Mass. Sup. Jud. Ct.",
  "dates": [
      {
          "start": "1692-01-01",
          "end": null
      }
  ],
  "name": "Massachusetts Supreme Judicial Court",
  "level": "colr",
  "case_types": ["All"],
  "system": "state",
  "examples": [
      "Supreme Court Of Massachusetts",
      "Supreme Judicial Court Of Massachusetts",
      "Massachusetts Supreme Judicial Court"
  ],
  "court_url": "http://www.mass.gov/courts/sjc/",
  "type": "appellate",
  "id": "mass",
  "location": "Massachusetts"
}]

Courts-db is part of larger initiatives at Free Law Project to organize and provide free and open access to every US court opinion in history. We encourage and invite users to join, research and test our code. In particular, we are looking for help adding court start and end dates to Courts-DB. If you’re interested in lending a hand, please get in touch.

To learn more about the project, the data and how to use it please visit Courts-db on Github

Sunday, June 28, 2020

Public Information: Laney Sweet, et al. v. City of Mesa, et al.

 

 
 

Saturday, June 27, 2020

01 July 2020: A Day of Reckoning For The Miscarriage of Justice Here In Mesa More Than 4 Years Ago

The Mesa City Council will go "behind doors" on a Virtual Platform format  into a closed-to-the-public meeting via Zoom
EXECUTIVE SESSION
Convene an Executive Session. ES-002-20
Discussion or consultation for legal advice with the City Attorney. (A.R.S. §38-431.03A (3)) Discussion or consultation with the City Attorney in order to consider the City’s position and instruct the City Attorney regarding the City’s position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.
(A.R.S. §38-431.03A(4))
Laney Sweet, et al. v. City of Mesa, et al.    
United States District Court, Case No. CV-17-00152-GMS
It's Item 5-a
ES-002-20 Discussion or consultation for legal advice with the City Attorney. (A.R.S. §38-431.03A (3)) Discussion or consultation with the City Attorney in order to consider the City’s position and instruct the City Attorney regarding the City’s position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. (A.R.S. §38-431.03A(4))
1. Laney Sweet, et al. v. City of Mesa, et al.    

United States District Court, Case No. CV-17-00152-GMS
_________________________________________________________________________
It took a while -
Shaver was fatally shot on January 18, 2016 at about 9 p.m.
Philip “Mitch” Brailsford, 25, was charged with murder on March 4 in the shooting death of Daniel Shaver, a 26-year-old husband and father of two from Texas
INSERT FROM AN EARLIER POST ON THIS BLOG: 09 March 2018
Justice Delayed Is Not Justice Denied: Mesa Police Case 

Two years and two months ago, the killing of Daniel Shaver in an office-involved shooting incident here in Mesa in January 2016 that some media reports called "an execution" took a long a long time to get anything more than mild interest or scant attention here in local news reporting until questions were raised in the case of Police Office Philip Brailsford actions in the six-office response to a 911 call from a couple outside in the pool at a hotel reporting seeing a gun pointing out a window. 
As it turned out a frequent overnight patron in one of the hotel rooms was a playing with a pellet gun used by traveling contractor Daniel Shaver to scare-off birds at a bigbox retail store. There were months of delays in any more details forthcoming with the Mesa PD refusing to release an unedited bodycam video.
Questions about excessive and deadly use-of-force by one officer, gunning down Daniel Shaver while he was crawling in the hallway begging not to get shot and killed, were evident after the unedited video was released more than a year after the Mesa PD withheld it from the public for almost two years.

There were at least 10 posts on this blog  that readers can find here including this one from 08 Dec 2017
Reactions To Daniel Shaver Killing | The Verdict: Ex-Officer Not Guilty[see below]
 
 
 
_________________________________________________________________

National and international reactions and coverage worldwide from news sources are reacting: Mesa Police Department has released the full body camera video showing ex-Officer Philip “Mitch” Brailsford fatally shooting 26-year-old Daniel Shaver
at an Arizona motel in January 2016.

It was posted online by the attorney for Shaver’s wife, Laney Sweet, who is suing the Mesa Police Department for $75 million and had been fighting for the release of the video.
Brailsford shot Shaver with a personal AR-15 rifle, which he was allowed to use, according to police reports.

A photo released by the Mesa Police Department last year showed that Brailsford had the inscription, “You’re f*cked” on his rifle. 
You can watch the video below. The shooting occurs just after the 16-minute mark of the video. 



Link >
http://heavy.com/news/2017/12/daniel-shaver-philip-brailsford-mesa-police-shooting-video-full/

WATCH: Daniel Shaver Police Shooting Video Released
__________________________________________________________
These are four reporters from news alerts yesterday
Here’s what you need to know:
1. Shaver Begged ‘Please Don’t Shoot Me’ Before He Was Killed, a Witness Says
2. Brailsford Was One of the Department’s First Officers to Wear a Body Camera – But the Footage From the Shooting Hasn’t Been Released
Brailsford was one of the first Mesa Police officers to be given a body camera, which he received as a rookie in 2013.
3.’You’re F*cked’ Was Inscribed Onto the Gun Brailsford Used in the Shooting, Which Was a Violation of Policy
Brailsford shot Shaver with a personal AR-15 rifle, which he was allowed to use, according to police reports.
The gun was inscribed with the phrase “you’re f*cked,” Tucson News Now reports.
The inscription on the gun was a violation of department policy, which was one of the reasons Brailsford was fired.
4. His Father Was a Lieutenant in the Mesa PD’s Internal Affairs Unit
Brailsford’s father, also named Philip Brailsford, left the Mesa Police Department last year to join a local law firm.
He was a lieutenant and had worked in the department’s Internal Affairs Unit.
According to a press release from the law firm where he now works, Fennemore Craig, the elder Brailsford was a police officer for 19 years, and also served in Afghanistan as a member of the U.S. Army.
He graduated from Arizona State’s law school
__________________________________________________________________________
Here's another report from 3 reporters
Mesa officers rarely disciplined in excessive-force investigations, police data show________________________________________________________________________________
PLEASE TAKE THE TIME SEE TO THIS VIDEO - 
Be warned it is shocking to see.
Full video of Daniel Shaver shooting
Published on Dec 15, 2017
Views: 20,171
Comments: 116
________________________________________________________________________
Brailsford was at least fired from his job as a police officer.
But that isn’t how the story ends. . . by Tom Cleary in Heavy.com 
 
" A former Mesa, Arizona, police officer has been charged with second-degree murder in the January 2016 shooting death of an unarmed man.
Philip “Mitch” Brailsford, 25, was charged with murder on March 4 in the shooting death of Daniel Shaver, a 26-year-old husband and father of two from Texas, KNXV-TV reports.
________________________________________________________________
Philip Brailsford:
How the Police State

Made a Mormon Missionary a Cold-Blooded Killer
"Philip Brailsford went from spreading love in the Mormon church to gunning down an unarmed innocent father of two for no reason. . ."
What happened?
The Free Thought Project has been given photos and background on Philip Brailsford—the cop acquitted for murdering an unarmed innocent father of two—which paint a much different picture than a cold-blooded killer
Before Brailsford embarked on a career that would come to an end after he shot Daniel Shaver five times with his AR-15—enscribed with the words, “You’re Fucked”—he would devote years of his life to helping others.
In 2010, Brailsford, like many of the Mormon missionaries before him, would travel to Ecuador to help people and to spread his faith
> Brailsford became a rookie cop in 2013. . .
While TFTP will not pretend to have psychoanalyzed Philip Brailsford, this is not necessary to grasp the alarming trend among police that has been increasing over time.
"Policing in the United States metamorphosed drastically over the last few decades after the NDAA in 1990 allowed departments to obtain surplus military equipment free of charge. With the weapons and gear of war likewise came the warrior ethos. Though unprepared to handle accouterments of the battlefield, hapless American police waged war on the very communities in their charge — an epidemic level of violence by law enforcement has since erupted. . . "
Plain and simple, police are being trained to see the people they serve as the enemy
_________________________________________________________________
From this blog site on July 11, 2019
11 July 2019
OUTRAGEOUS: Just "Another Deal" from City Manager Chris Brady


Time to Wake-Up Mesa!
Evidence is piling-up big time
After murder acquittal, Mesa ex-cop Philip Brailsford made a pension deal
Posted: 6:39 PM, Jul 10, 2019

"Two years after he shot an unarmed man and was fired, former police officer Philip “Mitch” Brailsford was rehired by the City of Mesa in order to obtain a special pension. Now, Brailsford is considered medically retired, not fired, according to a Mesa city spokesman. . .
^ The Spokesman: City Manager Chris Brady
READ and see video from another local news source > https://mesazona.blogspot.com/2019/07 
_________________________________________________________________
From The Atlantic :
"Two years ago, I wrote about Daniel Shaver, an unarmed 26-year-old who in 2016 was shot to death in a hotel hallway while begging for his life.
> The killer, Mesa Police Officer Philip Brailsford, was put on trial for murder.
> Jurors were not allowed to know that he had scratched “You’re fucked” into his service weapon.
BLOGGER NOTE: There are more details in related content farther down in this post
"He was acquitted of murder and manslaughter, despite video of as chilling and egregious a police killing as I’ve ever seen. . . "
Conor Friedersdorf is a California-based staff writer at The Atlantic, where he focuses on politics and national affairs.
He is the founding editor of The Best of Journalism, a newsletter devoted to exceptional nonfiction
_________________________________________________________________
Virtual Platform Wednesday, July 1, 2020
Roll Call
1 Review and discuss items on the agendas for the July 1 and July 8 regular Council meetings.

2 Presentations/Action Items:
20-0698 Hear a presentation, discuss, and provide direction on the proposed Audit Plan for FY 2020/21. 2-a
3 Current events summary including meetings and conferences attended.
4 Scheduling of meetings.
5 Convene an Executive Session. ES-002-20

Discussion or consultation for legal advice with the City Attorney. (A.R.S. §38-431.03A (3))
Discussion or consultation with the City Attorney in order to consider the City’s position and instruct the City Attorney regarding the City’s position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.
(A.R.S. §38-431.03A(4))
1. Laney Sweet, et al. v. City of Mesa, et al.    

United States District Court, Case No. CV-17-00152-GMS
5-a

_________________________________________________
6 Adjournment.¹

Page 1 City of Mesa Printed on 6/25/2020
July 1, 2020City Council Study Session Meeting Agenda - Final


¹ Prior to adjournment, at this Council meeting, the City Council may vote to go into executive session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3); this notice is given pursuant to A.R.S. §38-431.02 to the members of the City Council and the public.

_____________________________________________________

Yeah, baby: It's A Helluva Hot Mess in Florida!

From FRANCE 24 English
3,537 Views
Published on Jun 26, 2020
The Daily Beast's Christopher Dickey warns #Florida Governor Ron De Santis may pay a 'high political price for tying his fortunes to Donald Trump and his #Covid19 🦠crisis management.
 

RE-ELECTION CAMPAIGN GILES FOR MAYOR VIDEO > Hizzoner: All Decked-Out With Blue Gloves + A Mask

1  VIEW
Woo-Hoo! Whew!!!!

SUSPICIOUS OBSERVERS: Electric Earth, Particle Mystery, High Energy Plasma | News Jun.27.2020

Talk Nerdy to me > What kind of UFOs are they making? And How hot has Earth been. . .
The modulation of the Global Electric Circuit
Published on Jun 27, 2020
Daily Sun, Earth and Science News
Views: 9,925+