Darren Chaker - In Motion

2011-07-27T01:39:00.001-07:00

Behind nullified law, a man's fight | The San Diego Union-Tribune

2009-12-18T01:26:00.000-08:00

Behind nullified law, a man's fight The San Diego Union-Tribune

Viewpoint Discrimination - Chaker v. Crogan

2007-05-20T02:13:00.000-07:00

Darren Chaker --- Over a decade ago, I had a car of mine painted. The paint shop upcharged me on the price. I offered to pay the original estimate, but was givenno option than pay their price or the car would be sold at auction. I made acomplaint to the California Department of Consumer Affairs (Bureau ofAutomotive Repair) who cited the paint shop for not receiving properauthorization to charge for the added mark up. After offering to pay for servicescontracted for, I subsequently drove my car home with a spare key.

Despite, thefact the paint shop was cited by the Department of Consumer Affairs for notreceiving proper authorization for increasing the estimate--the El Cajon PoliceDepartment (ECPD) arrested me for theft of services. The case was laterdismissed by the court citing no valid contract existed for the increasedcharges. In fact the court determined there was no legal basis (probable cause)to arrest me and ordered the records destroyed per Penal Code section 851.8. Isubsequently made a complaint alleging the arresting detective used excessiveforce when arresting me for the paint job 'theft' when he twisted my wrist inlieu of simply saying "turn around put your hand behind your back."

The ECPDfound the complaint false even though the training manual's spectrum of use offorce states 'hands on' arrests should be initiated only when the arrestee isnon-compliant. I was totally compliant. I went through one trial, the jurycouldn't decide on guilt or innocence, however the second trial---I was convictedof filing a false complaint in violation of Penal Code section 148.6.

Keeping inmind every beginning has an end---my conviction was the beginning of the endfor Penal Code section 148.6, because little did anyone know the ramificationsthis case would have on law enforcement. In essence, this minor case dragged onfor a decade visiting every appellate court in the state, the federal appellatecourt (9th Circuit) and the United States Supreme Court. In the end, I wonagainst all odds by overturning a unanimous California Supreme Court by findingthe statute violated the First Amendment by penalizing only false complaintsagainst police, but not false compliments, thus crystallizing viewpointdiscrimination.

So many inlaw enforcement laughed at the 9th Circuit’s decision and think it was improperand couldn't wait until the U.S. Supreme Court would reverse yet another flaweddecision of the 9th Circuit. On May 15, 2006, the U.S. Supreme Court denied theAttorney Generals request for the U.S. Supreme Court to hear the case. Chaker v. Crogan, 428 F. 3d 1215 (9th Cir. 2005), 126 S. Ct. 2023 is FINAL!

The statute was very explicit and lopsided tochill one side of speech while allowing the free flow of false compliments onthe other, inasmuch it only protected police--but left firemen, judges, attorneys,school teachers, and other professions without the benefit of protection fromfalse complaints. Should a judge be any less protected from a false complaintof taking bribes, a school teacher molesting kids, or a fireman committingarson? Personally, I think the law should be expanded to include other corepublic officials.

Further,although my case was the first of its kind to strike down a penal statute atthe federal appellate level. The English language does not possess the words toexpress my gratitude to the Legal Director of the ACLU (Los Angeles) MarcRosenbaum, Director of First Amendment Litigation Peter Eliasberg, and formerStaff Attorney Dan Tokaji. The passion Marc Rosenbaum demonstrated during the 2½ hour oral argument before the 9th Circuit was phenomenal. Marc Rosenbaum isknown nationally for constitutional law litigation, and has appeared repeatedlybefore the U.S. Supreme Court. On a side note, every attorney I have come toknow at the ACLU is very well educated (Yale, Harvard grads) and could make atremendous amount of money in the private sector, however don't due to therepassion to help others through the enforcement of the Bill of Rights. The ACLUwas my backbone in this case for without them I could not stand.

Nonetheless, in lieu of the State amending thelaw so a draft could be submitted to the legislature, the State decided tochallenge me again by asking the U.S. Supreme Court to hear the case to reversethe 9th Circuit. So, I hired E. Joshua Rosenkranz, also an incredible FirstAmendment attorney, who worked for two U.S. Supreme Court justices (Scalia& Brennan) and now heads the Appellate Divison for one of the largestfirms in the country. See bio, http://www.orrick.com/lawyers/Bio.asp?ID=225990

Thankfully, oncethe U.S. Supreme Court considered the briefs submitted the illogical andnon-linear thinking of the State, that Joshua Rosenkranz exposed, it rejectedthe State's request finally bringing an end to this case. I am forever indebtedto him for assembling a team of attorneys from across the nation, and an NYUFirst Amendment scholar to write the winning brief.

Soon afterChaker v. Crogan, which I litigated for early 7 of its 10 year life span, notonly did this case strike down PC148.6 in California, and struck down Nevada'sanalogous statute. The case has been cited over 240 times as authority, writtenabout extensively, and used as the backbone authority in Gibson v. City ofKirkland, 2009 WL 564703, *2+ (W.D.Wash. Mar 03, 2009). My case is a leadingcase on viewpoint discrimination.

In a recentcase, Chaker v. Crogan was used to vindicate people who filed a complaintagainst police. Those people were arrested and charged with a law Chaker v.Crogan invalidated! They sued for being arrested and charged with anunconstitutional statute, Penal Code 148.6. The federal court denied the City'smotion to dismiss and the case settled. See Cuadra v. City of South SanFrancisco, 2010 WL 55875, *1+ (N.D.Cal. Jan 04, 2010)

Was it worthit? All that time and effort spent. Why not just pay a fine, get the caseexpunged after 18 months of informal probation, and move on? No one is abovethe law, including the State. The law was clearly contrary to the constitution,and the time I personally spent on this case was constructive and in theend---my name and this case will live on forever. I achieved my positionthrough tenacity and intelligence. The ACLU and Joshua added resolve.

Remember,adversity builds character. Absent that, I respect all of your views for who amI to censor speech if I am an advocate of it!!

Of course,remember we all make mistakes as those we elect constantly remind us. There'sno reason to look down on those who do. Too frequently, police look down onthose they police, now--police are becoming equals to the criminals they seek:

Lower Pay, Lower Standards: Low Moral with San Diego Policehttp://www.signonsandiego.com/uniontrib/20050710/news_1m10exodus.html

San Diego Police Officer Fire Post-Arrest For Sexual Battery
http://www.signonsandiego.com/news/2011/apr/15/sdpd-officer-accused-sexual-assaults-fired/

San Diego Police Officer to Stand Trial For Stalking Fellow Officer:
http://www.10news.com/news/27687744/detail.html

El Cajon Police Officer Sentenced for Sexual Battery & Bribes:
www.10news.com/news/13360496/detail.html
http://www.signonsandiego.com/uniontrib/20070410/news_1m10taylor.html

San Diego Sheriff Deputy Arrested for Murder by Shooting Her in The Face:
http://www.signonsandiego.com/uniontrib/20061216/news_2m16alpine.htmlCopWatch

San Diego Sheriff Deputy Shot Wife in Face - Sentenced
http://www.10news.com/news/17436413/detail.html

San Diego Sheriff Deputy Arrested for Embezzlement:
http://www.10news.com/news/11234793/detail.html

San Diego Sheriff Deputy Arrested For Harboring Fugitive
http://www.nbcsandiego.com/news/local/San-Diego-Sheriffs-Deputy-Arrested-125842248.html

San Diego Police Officer (21 Years Vetern) Arrested for Sexual Misconduct:
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2006/05/16/state/n131331D70.DTL

El Cajon Officer Forces Females to Masterbate With His Baton Proven by DNA:
http://www.feeds4all.com/Item.aspx?ItemID=13802946

Los Angeles Officer Arrested for Sexual Battery While on Duty:
http://www.fox6.com/news/state/story.aspx?content_id=affcf28a-9ff1-44b0-9f0a-4fcaa16e4fa2
http://www.signonsandiego.com/uniontrib/20050711/news_1m11officer.html
San Jose Officer Arrested for Molestation:
http://www.signonsandiego.com/news/2011/sep/01/sj-cop-arrested-on-suspicion-of-molesting-teens/

Los Angeles Officer Arrested for Molestation:
http://www.signonsandiego.com/uniontrib/20050711/news_1m11officer.html

Los Angeles Airport Officer Arrested for Molestation:
http://latimesblogs.latimes.com/lanow/2009/08/officer-arrested.html
Hundreds of California Judge's Are Disciplined and Removed:
http://cjp.ca.gov/pubdisc.htm

Hundreds of California Attorneys Are Disciplined and Disbarred Each Year:
http://calbar.ca.gov/calbar/pdfs/reports/2005_Annual-Discipline-Report.pdf

Databases Focusing on Documenting Police Abuse:
http://www.copwatch.org/copwatch/search.php3 (searchable police abuse database)

http://www.policeabuse.org/director.html
http://www.narpa.org/amnesty%20international.htm (Amnesty Intl. paper on police abuse)

San Diego Federal Grand Jury Indictes San Diego City Council Members for Bribery:
http://www.primenews.com/probe.html

Former San Diego Mayor Convicted of 12 Counts of Perjury, but holds top radio talk show
http://www.calbar.ca.gov/calbar/2cbj/96may/art12.htm

3 San Diego Superior Court judges indicted for taking bribes: Judges Michael Greer, James Malkus and G. Dennis Adams http://www.calbar.ca.gov/calbar/2cbj/96may/art12.htm

Orange County Sheriff Michael Corona Indicted for corruption
http://abclocal.go.com/kabc/story?section=news/local&id=5732920

And the list goes on...I guess if I remained convicted of a crime of moral turpitude, I would fit in with law enforcement, judges, and public officials. No one is innocent in this game of life.

Darren D. Chaker

Darren Chaker - In Motion

Behind nullified law, a man's fight | The San Diego Union-Tribune

Viewpoint Discrimination - Chaker v. Crogan