Click this damn logo to go to the home page of
Elliott sues the city
Editor's Note: Elliott was arrested at a Critical Mass ride for asking a cop why Brendan was being arrested. (I think Brendan was being arrested for riding on the sidewalk.) The cops refused to let Elliott lock up his bike before they took him downtown, and so of course, somebody stole his bike. Elliott sued the City, claiming they were responsible for the theft of his bike. He lost. Below is his account of the trial.

From: elliott young

Date: Dec 13, 1994
Subject: Justice
 
For the first time ever in my life I heard a judge utter the word "justice." Judge J David Phillips, after listening to the City attorney complain that I had intentionally left the country and willfully refused to answer their request for admissions said that he was not going to let my ignornace prevent this trial. In the interest of justice he granted my motion to withdraw the admissions, though he noted that his decision was not in the interest of the rules of civil procedure.
 
Justice over rules, sounds good to me. Tomorrow is round two where the City will ask for summary judgement based on the file, arguing that they cannot be sued. Even if I lose, we've won already. They are fighting a losing battle in the long term.
 
From: elliott young
Date: Dec 14, 1994
Subject: Justice Part II
 
Light shined up from the street onto the presiding judge today. By the way this case is about the cops losing or stealing my bike when I was arrested last year. The City had a motion for Summary Judgement, which means that they would argue that I had no grounds to bring this case forward. They have already tried a plea to jurisdiction and a motion for judicial estoppel which failed.
 
I had heard that this judge, who I was told is part American Indian, would be leaving his job at the end of the month because he was so disillusioned with the injustice system. The City attorney told me that he was "unpredicatable." I wondered what that meant exactly. Today I found out. The City attorney argued that because the Texas courts have ruled that there is no "constitutional tort" my cause of action which asserts that my contitutional rights to property had been violated had no basis. I chose to use teh Constitutional argument because the City had claimed Sovereign Immunity which protects the City from almost all lawsuits based on the Tort Claims Act. But the judge, clearly annoyed at the City attorney for giving him a packet of about 100 pages of cases for the hearing, said that it did not matter what legal theory I had argued, if he could come up with a valid theory he would not prevent the trial. He talked about how Small Claims court is the only sanctuary for the common citizen without a lawyer to seek redress. Then the judge siad something to the effect that the Courts always uphold the issues when it has to do with property, but when it comes to Civil Rights they are not very interested.
 
The judge argued for me that the Civil Rights code 1983 would provide a viable cause of action. The only problem is that because I am suuing the City I have to directly link the City to the loss of my bicycle. The only way to do that is by proving that they have a policy that led to the loss of my bicycle, something the judge told me I was not prepared to do. As he said, "you're in deep doo-doo." He then told the City attorney that she should be ashamed for even bringing this motion to the Court. At one point when she referred to me by my first name the judge exploded and said "don't call the plaintiff by his first name. He may not be a lawyer but he deserves respect, he is not a boy." The City attorney replied that she had always been very "polite" to me.
 
So the judge denied the City's motion, but told me that it was more like a stay of execution. I have a case that I think applies from the Texas Supreme Court but it is hard to know whose decision rules over whose. He told me that he believed there should be constitutional torts but because the local appeals courts have ruled otherwise he cannot ignore their rulings.
 
After the hearing, the City attorney asked me to sit down and talk. She wanted me to know that "the government is not against you." She preceeded to give me a lecture on the origins of sovereign immunity and why it was for the general good that the City is protected from being sued. Just like the cops giving us tickets are protecting the general public from the threat of bicycles. Then she told me that I had brought this suit as entertainment, which I told her vastly overrated the legal process. She after all is getting paid, while I am doing this out of my own time and money. Then she said that I was just "a born rebel, and would grow out of it." I replied that perhaps she would grown out of her conservatism, to which she exclaimed, "but I am not conservative." I told her that she was certainly acting like it and left, weary of the patronizing voice of a low-level lackey for the City bureaucracy.
 
All of this gave me great hope. First because this "unpredicatble" judge at least recognized that justice and the law are two differnt things. He agreed with me, but being a cog must mete out injustice. Perhaps this is why he is quitting. Second, because the City attorney, pain in my ass though she is, must be havings some pangs of conscience to make her justify her actions to me. She had this real desire to have me agree that I was bringing this case for laughs, that there was no serious issue at stake. When I refused to let her off the hook, she said what every pseudo-liberal conservative over thirty says, "you'll grow out of it."
 
If any of this inspires you to come down for the trial, it is next Tuesday at 9 am in County Court No 2 (1010 Guadalupe, Courthouse). All our favorites will be there, Varela, Lasley, Richter, Videoboy, and some other pawns. Brendan and Isabella have agreed to testify. If anyone else was tehre and wants to testify or come, call me at 467-7309 or e-mail me. While it seems likely that I will lose, this is an opportunity to ask the swine some pointed questions, and have our side out there. For some reason the sympathy towards CM seems to be shifting in our favor. Maybe the City Council visits, the other court cases, the newspaper articles, and the continued rides are having some effect.
 
hasta la justicia. . . siempre,
Elliott
 
From: elliott young
Date: Dec 20, 1994
Subject: Finale
 
Comrades, country-folk and friends,
 
The end has come to the long, drawn out legal process, ending predicatbly in the State winning. I presented my evidence this morning, but the judge would not admit the connection between me being handcuffed and separted from my bicycle and its subsequent disappearance. Or in his words, how can the City be held responsible for what happens on Guadalupe by some renegade officer. Hmmm. So I hemmed and hawed as much as I could and told him that common sense would indicate that if one is separated from property on the street and dragged away that property would probably not be there later. The judge, predicatbly again, said that "this is not a court of common sense, but a court of law." I always thought the laws made no sense.
 
So the City won the case, but as I described the police harrasment I got many affirmative nods from the viewing public who know what the police can do. The judge afterwards told me that he had sympathy for my side, but that suing the gaovernment is hard. After all he said, the government makes the laws. With all of this sympathy down at the courthouse I should set up a charity. Unfortunately, they're are paid to administer the laws made by the rich in the name of the people to screw us, the people.
 
As for the midnight ride on Saturday, it sucked. Isabella and I were left in the dust, never even making it to the mass. One of the many women who were left behind said that it was a "testosterone thing" and I quite agree. Let the boys play with their toys, I'm not going to be back.
 
By the way CMers, I am heading South to Mexico with Isabella Jan 1 or 2nd for a year. Maybe I'll start Critical Mass in Mexico-- Maybe I'll be killed. Thanks for a great year. Hope to see you all at the Dec. 30 ride, last one of the year.