[CV-0134] MILLER v. LOS SANTOS POLICE DEPARTMENT, JACQUES BREL and THE INTERNAL AFFAIRS BUREAU

[Augustus E. Rosewater]

THE DISTRICT COURT OF THE STATE OF SAN ANDREAS
STATE OF LOS SANTOS
CIVIL DIVISION

MILLER v. LOS SANTOS POLICE DEPARTMENT, JACQUES BREL and THE INTERNAL AFFAIRS BUREAU

Plaintiff: Jason Miller

Defendants: Los Santos Police Department, Internal Affairs Bureau



CIVIL COMPLAINT AND PETITION FOR VIOLATION OF BANE ACT



Augustus E. Rosewater, Esq.

Rosewater & Co. LLP

Attorney for Plaintiff Jason Miller

[Email: [email protected]]

[/center]





CIVIL CASE BRIEF FOR PLAINTIFF



_______________________________________________


Argument



1. Comes now, Jason Miiller through legal counsel brings forth this lawsuit before this court. This court has proper jurisdiction under the San Andreas Code of Civil Procedure (S.A.C.C.P) 410.10 (2024), as the San Andreas Police Department, and the named parties are employed by the San Andreas Police Department, the events occurred within the boundaries of the jurisdiction of this court in Jefferson, Los Santos.



2. On April 25th, 2025 at 19:00/20:00, Jason Miller responded to the reports of an active ATM robbery in Jefferson, he immediately reported to the situation with no hesitation, as he succeeded at securing the currency, unlikely not for the fugitives they were trying to escape. At the time, the duly sworn Officer Jacques Bref of the SAPD prioritized following the finished objective of the call, over following the fugitives. Officer Brel carried towards my client, he threatens to strip his badge from him and started discussing a pointless matter with him, with a disrespectful tongue. Therefore, he committed a false detention on my client, tasered him and put him into custody. A violation of the chain of custody occurs here, along with a violation of Evidence Code. The Plaintiff hereby finds this as procedural due process, claimed by the failure of Officer Brel to provide an immediate justification of his actions on the scene. The tasering was unprovoked, Mister Miller did not impede on any wrongdoing during the time he was tasered, there was no lawful orders when Jacques Brel tasered and put him into custody.



3. The striking of Mister MIller falls squarely into Ex parte Young, 209 U.S. 123 (1908), where the Supreme Court held that the Government, including state agencies, are not protected by sovereign immunity when a state official enforces an unconstitutional law or acts in an unconstitutional manner.



4. The United States Supreme Court in City of Los Santos v. Lyons 461 U.S. 95 (1983), provides grounds for a court to grant a civil claim for constitutional violations committed by a law enforcement officer under 42 U.S.C. § 1983.



5. The circumstances of Officer Brel's actions amount in severe physical damages to Mister Miller. It is undeniable to have the damages that my client currently suffers from, notably the face and so what's left? It isn't only a physical damage, but rather emotional and psychological, as it has started to disrupt his social life.



6. The San Andreas Police Department has failed to correct significant training defects, including properly training their officers on the protections awarded under the First Amendment of the United States Constitution. The United States Supreme Court held in Monell v. Department of Social Services, 436 U.S. 658 (1978), that municipality under the Civil Rights Act § 1983 (codified at 42 U.S.C. § 1983) can be held liable if their failure to train their officers reflects a "deliberate indifference" to the constitutional rights of individuals.



7. The Plaintiff prays that this court put an end to the incompetence and failures of the Los Santos Police Department to put the citizens of this city first, including cooperation with lawful requests. To award the monetary value associated with the damages of the plaintiff, and to award whatever other remedies this court deems appropriate.





Exhibits: BodyCam footage

Spoiler

25-04-2025 14:06:01 - [l] Jacques_Brel (30)(5303): give it
25-04-2025 14:06:17 - [l] Jacques_Brel (30)(5303): ey you
25-04-2025 14:06:21 - [l] Jacques_Brel (30)(5303): marked money
25-04-2025 14:06:26 - Jacques_Brel (30)(5303) -> Jason_Miller (63)(266) [silenced 9mm]
25-04-2025 14:06:29 - [l] Jason_Miller (63)(266): Hey!
25-04-2025 14:06:33 - [me] Jacques_Brel (30)(5303): cuffs Jason
25-04-2025 14:06:37 - [l] Jacques_Brel (30)(5303): you think im fucking around or what
25-04-2025 14:06:42 - [l] Jason_Miller (63)(266): Sir?
25-04-2025 14:06:45 - [l] Jason_Miller (63)(266): What are you talking about?
25-04-2025 14:06:49 - [l] Jason_Miller (63)(266): Why'd you cuff me?
25-04-2025 14:06:57 - [l] Jacques_Brel (30)(5303): So next time you listen when you're called
25-04-2025 14:07:03 - [l] Jason_Miller (63)(266): Who called?
25-04-2025 14:07:06 - [l] Jacques_Brel (30)(5303): i did
25-04-2025 14:07:08 - [l] Jason_Miller (63)(266): My phone is not ringing
25-04-2025 14:07:10 - [l] Jacques_Brel (30)(5303): Marked money
25-04-2025 14:07:11 - [l] Jacques_Brel (30)(5303): Hand it
25-04-2025 14:07:13 - [l] Jason_Miller (63)(266): You fucking with me?
25-04-2025 14:07:19 - [l] Jason_Miller (63)(266): You want to take the glory?
25-04-2025 14:07:21 - [l] Jason_Miller (63)(266): Let me lock it.
25-04-2025 14:07:32 - [l] Jacques_Brel (30)(5303): Ill take your badge if you dont hand me the marked cash now
25-04-2025 14:07:39 - [l] Jacques_Brel (30)(5303): Good boy
25-04-2025 14:07:41 - [l] Jacques_Brel (30)(5303): now kick rocks
25-04-2025 14:07:45 - [l] Jason_Miller (63)(266): Or?
25-04-2025 14:07:57 - [l] Jacques_Brel (30)(5303): Or ima send you to find a job
25-04-2025 14:08:05 - [l] Jason_Miller (63)(266): All talk.
25-04-2025 14:08:09 - [l] Jacques_Brel (30)(5303): yeah
25-04-2025 14:08:09 - [l] Jason_Miller (63)(266): no action
25-04-2025 14:08:47 - [l] Jacques_Brel (30)(5303): Bounce

/S/ Augustus E. Rosewater
Rosewater & Co. LLP [/code]

[Augustus E. Rosewater]

State of San Andreas
First Judicial District Court

NOTICE OF VOLUNTARY DISMISSAL
-------------------------------------------------------


Comes Jason Miller through legal counsel. The Plaintiff hereby voluntarily dismisses this action without prejudice.


/S/ Augustus E. Rosewater
15/06/2025

[Martin Winchester]

State of San Andreas
First Judicial District Court
United States Courthouse
3321 Downtown Avenue, Los Santos, San Andreas

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Miller
v.
LOS SANTOS POLICE DEPARTMENT, JACQUES BREL and THE INTERNAL AFFAIRS BUREAU

CASE # CV-0134
HONORABLE JUDGES PRESIDING:
Marko Vanhanen, Kira Hernandez, Martin Winchester

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FINDINGS:

The First Judicial District Court acknowledges the voluntary withdrawal of this civil lawsuit by Mr. Augustus E. Rosewater, counsel for the Plaintiff, Mr. Jason Miller, prior to adjudication. Let it be recognized that the court has assigned this case ID # CV-0134.

The Court is astonishingly disappointed with the manner and method this case was filed, which contains illegally obtained evidence, misrepresentations, fictitious statutes and case laws, along with ethical issues that reflects poorly on the conduct of Plaintiff's legal counsel. These shortcomings not only wasted judicial resources but also undermined the integrity of the proceedings. This case may serve as a cautionary example for future filings, highlighting the importance of accuracy and knowledge in legal proceedings.

However, the Plaintiff's legal counsel announced the withdrawal of the submitted civil case whilst the Court was evaluating the basis of the litigation and its evidence. After a thorough review, the Court has identified multiple misrepresentations, factual errors, typographical errors, and other erroneous issues, such as:

• Reference to fictitious or fabricated legal precedents. None of the cited precedents, statutes, regulations, or case laws exist within the known legal history of the United States or the jurisdiction of the District Court of the San Andreas.

• The title of the case directly mentions the Internal Affairs Bureau, an entity unrelated to the case as there is no involvement mentioned in the opening statement. Despite that, the San Andreas Police Department rejects any involvement of the Internal Affairs Bureau in this matter.
  Ref: Judicial Inquiry Response from The San Andreas Police Department, attached below.

• Filing a lawsuit against the Los Santos Police Department while the officer was seen as being in a Las Venturas Police Department uniform. Nonetheless, since both departments operate under the broader authority of the San Andreas Police Department, the appropriate respondent should have been the San Andreas Police Department as a whole, not a misidentified municipal division.
  Ref: Judicial Inquiry Response from The San Andreas Police Department, attached below.

• Plaintiff's assertions are unsupported by the jurisprudential history of the U.S. Supreme Court.

• The Plaintiff has failed to establish the basis of "unconstitutional law or unconstitutional act" of Officer Jacques Brel as mentioned in the third section of the submitted Argument. The justification of the unconstitutionality merely relied on a fictitious precedent.

• The Plaintiff argued that the Department failed to train its officers on First Amendment rights, even though no such mandate appears in the Constitution as written. This misrepresentation is notably one of the reasons for the Court to consider Mr. Augustus Rosewater ineligible for any legal representation in the current moment or for future litigations.

• Misspellings of both Plaintiff and Defendant names, including false capitalization of Plaintiff's surname ("Miiler" instead of "Miller", "Bref" instead of "Brel", "MIller" instead of "Miller").

• Incorrect jurisdictional claims by referring to the "City of Los Santos" as a "State of Los Santos", this is a clear factual inaccuracy.

• The Plaintiff has failed to specify whose perspective the body worn camera footage represents, leaving it unclarified whether the footage was recorded from Officer Brel's body camera or from Mr. Miller himself.

• The legal counsel of the Plaintiff is found to be representing "Rosewater & Co. LLP" in this litigation, a firm which upon preliminary routine inquiry, appears to be unregistered and unlicensed in the State of San Andreas. This alone indicates a great concern regarding the unauthorized legal practice of the firm, which undermines the credibility of the filing.

• The Plaintiff has falsely titled this civil case as mentioned above, and it was divergently titled, unlike the other cases.

• During the fact gathering phase of this matter, the Court received formal responses from the San Andreas Police Department after a judicial inquiry, which included evidence that the Plaintiff illegally accessed confidential police body worn camera footage by entering the security room of the Los Santos Police Department station, and using a flash device to copy data without authorization. The San Andreas Police Department has confirmed that the body worn camera footage used in the Plaintiff's filing was authentic, but disclosed without their permission and is considered confidential. The Plaintiff's action in procuring, followed by the Plaintiff's legal counsel's distribution of the footage potentially warrants an investigation to be conducted into this matter by the police investigators.
  Ref: Judicial Inquiry Response from The San Andreas Police Department, attached below.

The Court recognizes the withdrawal of this lawsuit, however, the Court emphasizes that it does not shield or condone a legal representative from inquiry or ramifications related to ethical misconduct, typographical errors, misrepresentation, or the misuse of judicial resources.

The Court notes with recognition that, although the Plaintiff's filing was withdrawn and burdened by serious legal and ethical flaws, the underlying matter described in this case did lead the San Andreas Police Department to take a closer look at the situation. It is invigorating to see that, despite the case not being active, the Department promptly responded by taking internal action and offering support to Mr. Jason Miller for the harm he experienced. The Court views this as a responsible and constructive step, showing a commitment to accountability even outside the bounds of formal litigation.

Judicial Inquiry Response from the San Andreas Police Department

San Andreas Police

EDWARD HARRISON

POLICE CAPTAIN

COMMAND OFFICE

Pershing Square

Los Santos, SA 90014

Subject: Judicial Inquiry response.

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To the Honorable Judge Winchester,

I am writing on behalf of the Chief of Police of the San Andreas Police Department to provide official responses to the judicial inquiry received.

1. The San Andreas Police Department was not approached about having the authorization to get the footage of the altercation between Officer Brel and Volunteer Miller. It was found that none of the SAPD personnel or the supervisory staff have granted the permission for the publication of the body worn camera footage.
   
   Upon investigating the source of acquisition of the body worn cam footage, it was determined that Volunteer Jason Miller was the leaker. We found that Volunteer Miller was inside the LSPD Security Room on the 12th of May, 2025, at approximately 08:26 CET.
   
   Copy of the footage

   [19:57:54] It is the 15th of May, 2025. Time is 20:57:51 CET or 09:29 in the game world.
   [19:58:02] * Edward Harrison opens the computer as he logs into the SAPD cloud.
   [19:59:42] * Edward Harrison opens the records of the CCTV placed inside the security room. He starts reviewing the footages between 9th..
   [19:59:42] .. and 12th May, 2025
   [20:01:36] * Edward Harrison finds a footage of Volunteer Jason Miller entering the LSPD security room.
   [20:01:42] * Edward Harrison clicks on the footage as he plays it.
   [20:02:19] * You will see Volunteer Jason Miller entering the LSPD security room on 12th May 2025, at 08:26:30 CET. (Edward Harrison)
   [20:04:29] * You will see him sitting on the computer and typing, putting a flash disk inside the computer and then plugging it out. (E..
   [20:04:29] ..dward Harrison)
   [20:05:49] * Edward Harrison would check the login logs. He would find that the SAPD cloud was opened on the 12th May, 2025 at 08:27 CET.
   [20:07:01] * Edward Harrison takes a USB flash as he makes a copy of the footage, along with a picture of the login logs and places it i..
   [20:07:01] ..nside the flash.
   [20:07:47] * Edward Harrison takes the flash and closes the computer.
   
   ((OOC Note: Jason Miller made a ticket on Valrise discord and consulted a manager to get the logs of that incident. The logs were sent at the time and date mentioned above.))
       
2. Regarding the complaint outcome, it was found that Officer Jacques Brel used an inappropriate amount of force for a matter that in no way justified it. As such the officer involved is penalised with a 48-hour suspension.
   Copy of the record

   
   The San Andreas Police Department will reach out to Mr. Jason Miller to offer appropriate financial compensation for the physical injury and emotional distress caused.
       
3. Here are the official responses regarding the court's questions:
   
   "Does the San Andreas Police Department declare the published footage to be confidential? If yes, provide a credible reason or evidence to support the cause of your confidentiality declaration."
   All Police Department body camera footage is considered confidential, as it may pursuant to ongoing investigations or undercover operations thus is treated as such so as not to compromise the integrity of ongoing investigations and operations, damage cases or interfere with legal procedures.
       
   "Is Jacques Brel employed in the San Andreas Police Department?"
   Mr. Jacques Brel is an official member of the Police Department serving as an Officer (PO II).
       
   Was Jacques Brel wearing the police uniform of the Las Venturas Police Department on April 25th, 2025, approximately around 19:00/20:00 at Jefferson, Los Santos, San Andreas?
   After reviewing Volunteer Jason Miller's bodycam footage, we do confirm that Mr. Brel was present at aforementioned location and time wearing the Las Venturas Patrol Division uniform.
   Copy of the footage

   [15:20:56] It is the 15th of May, 2025. Time is 16:20:53 CET or 15:01 in the game world.
   [15:21:06] * Edward Harrison opens the computer as he logs into the SAPD cloud.
   [15:22:40] * Edward Harrison goes to the body worn cameras footages section as he checks for the record of Volunteer Jason Miller's body..
   [15:22:40] .. cam on 25th...-
   [15:23:01] * April, 2025, around 19.30 CET. (Edward Harrison)
   [15:23:19] * Edward Harrison clicks on the footage as he plays it.
   [15:23:59] * The footage will show that Officer Jacques Brel was wearing LVPD uniform during the altercation with Volunteer Miller. (Ed..
   [15:23:59] ..ward Harrison)
   [15:25:04] * Edward Harrison takes out a USB flash as he places it inside the computer, makes a copy of the footage and places it inside..
   [15:25:04] .. the flash.
   [15:25:42] * Edward Harrison logs off from the SAPD cloud, takes the flash with him and closes the computer.
   [15:25:44] It is the 15th of May, 2025. Time is 16:25:40 CET or 15:20 in the game world.
       
   "Do you confirm the authenticity of the bodycam footage attached below by the Plaintiff?"
   The Police Department does confirm the authenticity of the body camera footage.
       
   "Was the Internal Affairs Bureau of the San Andreas Police Department involved in the incident as mentioned in the civil lawsuit "Miller v. LSPD et al."?"
   The Internal Affairs Bureau of the San Andreas was not involved in the aforementioned incident. The plaintiff had reported the incident on our forums which was handled by member of the supervisory staff, who took it upon himself to conduct an investigation and handle the matter as is standard practice.

   ---

   Sincerely,
   
   Edward Harrison
   Police Captain
   San Andreas Police Deprtment

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DIRECTIVES:

• The Court refers Mr. Augustus E. Rosewater to the San Andreas Police Department for further investigation into his possible involvement in the submission of illegally obtained confidential evidence. While it is unclear whether his actions were intentional or negligent.

• Mr. Augustus E. Rosewater is subject to remit a monetary fine in an amount of $200,000.00, for misrepresenting statutes and legal precedent in a manner that misled the Court and burdened judicial review. This penalty is issued pursuant to United States Code - Title VI - Section (D) Statements or entries - Subsection (1). This monetary fine must be remitted within seven days of this directive (from 16/05/2025 to 23/05/2025) (( Transfer to Group account: #1 )).

• The Court refers Mr. Augustus E. Rosewater to the State Government of San Andreas for formal reevaluation and disciplinary action. Given that the State Government is the certifying authority for Mr. Rosewater's attorney license, the Court recommends that he undergo appropriate training and a reassessment of his eligibility to serve as a State Licensed Attorney, considering the deficiencies and improprieties observed in this frivolously filed civil case.

• Mr. Augustus E. Rosewater is hereby prohibited from filing any further legal actions before the First Judicial District Court of the State of San Andreas without prior written approval from this District Court. Should Mr. Rosewater remain untrained and unattended by the State Government, such approval will not be granted. For any future consideration, the Court will require a letter of reassessment from the State Government of San Andreas.

• The Plaintiff, Jason Miller, is referred to the San Andreas Police Department for investigation of the potential transgressions based on unauthorized access to the government systems, theft and disclosure of the confidential police footage, and potential interference with judicial proceedings in a deceitful manner by providing illegally obtained evidence.

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SO ORDERED.

Dated: 16/05/2025
Effective immediately,

Martin Winchester
Hon. District Judge

Kira Hernandez
Hon. District Judge

Marko Vanhanen
Hon. District Judge