MINNESOTA BOARD OF PEACE OFFICER STANDARDS AND TRAINING

Neil W. Melton, Executive Director 1600 University Avenue, Suite #200 St. Paul, MN 55104-3825 Phone (651) 643-3060

COMPLAINANT: Joshua J. Israel, P. O. Box XXX Shakopee, MN XXXXX Phone (XXX) XXX-XXXX Race: Black American Citizen

Most Recent Occurrence: February 28, 2010 Officer, Kevin Gulden Sandalwood Suites Retaliation Against Witness

THE 2nd ALLEGED PEACE OFFICER MISCONDUCT
This current peace officer misconduct consists of a falsified police report, in retaliation against Complainant’s witness of drunk and disorderly conduct, in retaliation against Complainant’s witness of race hate bias, and in retaliation against Complainant for engaging in protected activity to the P.O.S.T. Board. Moreover, these actions are “classroom discrimination,” based on race, where peace officers willfully refuse public assistance to Complainant; these actions provide opportunity for perpetrators of misdemeanor crimes to “aggravate” their disturbances, and “aggravate” their disorderly conduct and create violent situations for Complainant. In addition, since peace officers are presumed to know the law, these officers know that they are denying the public assistance prescribed by law. Therefore, this refusal of public assistance does deprive Complainant of the equal protection of laws, and this deprivation has also deprived Complainant of liberty without due process, and to demonstrate, Complainant states as follows: The Statutes Violated and Conduct Prohibited, under Rule 6700.1600(A)
Minn. Stat. 626.86(2)(1) Powers of Law Enforcement Officers: Except as specifically provided by statute, only a peace officer and a part-time peace officer may: (1) issue a citation in lieu of arrest, or continued detention, unless specifically authorized by ordinance. Minn. Rule 6.01(1) Mandatory Issuance of Citation: Law enforcement officers acting without a warrant, who have decided to proceed with prosecution, shall issue citations to persons subject to lawful arrest for misdemeanors *** Ordinarily, for misdemeanors not punishable by incarceration, a citation shall be issued. Case Law Precedent: Generally, law enforcement officers do issue citations to people subject to lawful arrest for misdemeanors, unless it reasonably appears that (1) arrest for detention is necessary to prevent bodily harm to the accused or another or to prevent further criminal conduct; or (2) there is a substantial likelihood that the accused will fail to respond to the citation State v. Richmond (Minn. App. 1999) 602 N.W.2d 647. Minn. Stat. 609.43(1)(4) Misconduct of Public Officer or Employee: A public officer or employee who does any of the following *** may be sentenced to imprisonment or pay a fine of both: (1) intentionally fails to perform a known mandatory nondiscretionary or ministerial duty of the office or employment within the time or manner required by law; or in the capacity of such officer, makes an official report having knowledge it is false in any material aspect. Minn. Stat. 609.72 Disorderly Conduct: Whoever does any of the following in any public or private place, knowingly, or having reasonable grounds to know that it will, or will tend to, alarm, anger, or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor.

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Minn. Stat. 626.5531(1) Reporting of crimes motivated by bias: A peace officer must report to the head of the officer’s department, every violation of chapter 609, or a local criminal ordinance, if the officer has reason to believe, or if the victim alleges, that the offender was motivated to commit the act by the victim’s race *** The reports must include… Minn. Stat. 609.745 Permitting Public Nuisance: Whoever having control over real property, permits it to be used to maintain a public nuisance or lets the same knowing it will be so used is guilty of a misdemeanor. Minn. Stat. 609.498(1)(f) Tampering With Witness: (1) Whoever does any of the following is guilty of tampering with a witness in the first degree: (f) Intentionally causes injury or threatens to cause injury to any person or property in retaliation against a person who has provided information to law enforcement authorities concerning a crime within one year of that person who provided the information. 18 USCA 1512(b)(1)(A)(2)(C) Obstruction of Justice: Whoever knowingly uses intimidation or *** corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to – *** prevent the testimony of any person in an official proceeding; cause or induce any person to – withhold testimony, or withhold a record, or document, from an official proceeding; evade legal process summoning that person to appear as a witness, or to produce a record, or document, in an official proceeding.

Narrative and Summary of Events 1. On the 25th day of January, 2010, the Complainant filed a complaint with this P.O.S.T Board concerning allegations of “Classroom-Discrimination,” and retaliation against Complainant’s witness of misdemeanor crimes and police officer misconduct (A-1). 2. Since Standards Coordinator, Paul Monteen, did fail to initiate any investigation under POST Board Rule 6700.1600 (Violation of Standards of Conduct), and under POST Board Rule 6700.0401 (Classroom Discrimination Procedures), Paul Monteen has allowed the Shakopee Police Chief, Jeff Tate, to perpetuate disparity against this Complainant (A-2). 3. After the Shakopee Police Department concluded its investigation of said Discrimination Complaint, the same perpetrator of prior Minn. Stat. 609.72 Disorderly Conduct offenses suddenly began to attack the door of this Complainant (A-3) and again uttered the word “nigger.” This pattern of retaliation is an exact duplication of allegations previously made in the original POST complaint, at page 3, paragraph 5-9. 4. After a call was made to Shakopee police dispatch, peace officer, Kevin Gulden, did meet with Complainant and directed Complainant to repeat his call to police dispatch. Officer Gulden was informed that the WFA in studio 233, at Sandalwood Suites, was drunk and disorderly, did yell out the word “nigger” while she was hitting the door to Complainant’s suite. Officer Gulden was also informed that no citation has been issued to this WFA for prior disturbances of the peace, or for drunk and disorderly conduct, and this refusal to issue a citation only encourages the residents in suite 233 to escalate and perpetuate aggravated disorderly conduct and aggravated disturbances. 5. After this advisory, officer Kevin Gulden did approach this WFA, at suite 233, and this WFA had to grad hold of officer Gulden to keep from falling to the floor. Officer Gulden did hear the slurred speech of this WFA, and Officer Gulden did enter Suite 233, with this WFA, and stayed in Suite 233 for over 20 minutes. At the time when Officer Gulden emerged from suite 233, this Complainant did inform Officer Gulden that there was no relationship between Complainant and the three residents of suite 233.
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6. However, when officer Gulden filed his police report (A-3), officer Gulden knowingly made an official report having knowledge this report was false, in violation of Minn. Stat. 609.43(1)(4), and officer Gulden falsely reported, “this relationship has been going on for some time they say!” 7. Moreover, Officer Gulden additionally recommended to the property owner that Complainant be evicted from the premises (A-3) because the Shakopee police department is getting upset with Complainant’s call for public assistance. 8. After the property owner’s consultation with officer Gulden, Complainant did advise the property owner that Shakopee Police have refused to issue citations for misdemeanor crimes, and that the failure to provide statutory public assistance is the reason for all of the problems and circumstance that occur; because, the police gave the perpetrator the belief that disorderly conduct and disturbances are accepted behavior. 9. As a result of these aforesaid events, officer Gulden has manufactured false evidence, under color of law, so as to cause the eviction of the Complainant. Officer Gulden has hereby threatened, intimidated, and interfered with Complainant with his 18 USCA 1512 obstruction of justice, which is based upon classroom discrimination, in violation of 18 USCA 245, which sets forth the following declaration of federal law:
18 USCA 245(b)(1)(B)(2) Whoever, whether or not acting under color of law, by force or threat of force willfully interferes with, or attempts to injure, intimidate or interfere with (1) any person because he is or has been (B) participating in or enjoying any benefit, services, privilege, program, facility, or activity provided or administered by the United States; (2) any person because of his race, *** and because he is or has been (B) participating in or enjoying any benefit, service, privilege, program, facility or activity provided or administered by any State or subdivision thereof – shall be fined under this title, or imprisoned or both.

10. Since officer Kevin Gulden has refused to issue a citation for disorderly conduct in violation of Minn. Stat. 626.86(2)(1), officer Gulden and Shakopee Police Department are discriminating against Complainant by refusing to issue citations for aggravated disorderly conduct and aggravated disturbances (A-3) City of Birmingham v. Benson, (Ala S. Ct. 1993) 631 So.2d 902, 906. 11. After the original P.O.S.T. Board Complain was filed (A-3), on 1/21/10, Officer Gulden retaliated against Complainant for his protected activity, to the P.O.S.T. Board, in violation of 18 USCA 245 United States v. Franklin, (10th Cir. 1983) 704 F.2d 1183, 1187-1189. By: ____________________________________ Joshua J. Israel / Complainant - 3/3/2010
These statements, these reports, this complaint, and the attached evidence exhibits are true and correct, to the best of my knowledge and belief, and I am aware that Minn. Stat. 609.505(2) does make it a criminal offense for any person to make any false report of police misconduct; however, the severity of this misconduct overrides the chilling effect of this statute Zanders v. Swanson, (8th Cir. 2009) 573 F.3d 591, 594-595.

Certified Mail No. 7008 0150 0002 5498 2287 cc: twh/BO cc: uss/AF cc: uss/AK

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