Umesh Heendeniya vs. Bureau of Alcohol, Tobacco, Firearms, and Explosives.
This website will contain information, documents, pleadings, motions, legal memoranda, and legal briefs pertaining to my lawsuit against the ATF/BATFE.
This website will contain information pertaining to The Second Amendment to The U.S. Constitution and pertaining to Firearms.
This website will also contain information, and web-links to news articles and scholarly articles pertaining to Brutality and Corruption by Cops (i.e., FBI Special Agents, FBI Investigative Specialists, Special Deputy U.S. Marshals, Deputy Sheriffs, State Troopers, Municipal Police Officers, Probation & Parole Officers, Prison Guards, etc.) in the United States.
A brief summary about me and how I came to be in the cross-hairs of Cops (i.e., FBI Special Agents, FBI Investigative Specialists, ATF Agents, Special Deputy U.S. Marshals, Deputy Sheriffs, State Troopers, Police Officers, Probation & Parole Officers, Prison Guards, etc.) from approx. September, 2010:
My name is Umesh Heendeniya, I live in Hernando County, Florida, and have lived here since mid-2014. Prior to that I lived in Massachusetts. I have Never been Convicted of a Felony, and for many years I have been a Peaceful Advocate for The First Amendment Rights and The Second Amendment Rights Contained in The Bill of Rights. I have done my Lawful, Peaceful Advocacy of The First Amendment Rights and The Second Amendment Rights by, in part, having created some years back several Online Websites pertaining these rights, and having created many years ago several Online Web Repositories (Google Drive, Microsoft SkyDrive, Dropbox, ScribD, Box, Slideshare, etc.) that contain many Adobe PDF Documents and Videos.
Approx. June, 2010, I posted a book review on Mr. Mumia Abu Jamal’s book– “Jailhouse Lawyers: Prisoners Defending Prisoners v. the USA.” About 3 months later, I “happen to meet online” a lady who “supposedly lived in Iran,” and we began an online romantic relationship, and a few weeks later I began following the Muslim faith (from Fall, 2010 to April, 2013 when I reverted back to Christianity). Shortly after I began communicating with this Iranian lady, members of the Massachusetts Joint Terrorism Task Force (Massachusetts JTTF) began– somewhat covertly– surveilling me, and this lasted until I moved to Florida in mid-2014.
From approx. late-January, 2015 to the Present, members of the Tampa-Orlando Joint Terrorism Task Force (Tampa-Orlando JTTF) and/or members of the Tampa-Orlando ATF have been Intensely, Aggressively, and Overtly Surveilling me, Stalking me, and Harassing me. On Jan. 15, 2016, 3 members of the Tampa-Orlando JTTF forcefully Interrogated me against my will through Coercion, even though I had promptly invoked my “Right to Remain Silent” and my “Right to Counsel,” right at the beginning of the interaction with them at my doorstep. Later, through Florida’s version of FOIA (Florida Statute Section 119.07), I found out that 2 of them were FBI Agents with the Tampa-Orlando FBI office while the 3rd was “a Special Deputy U.S. Marshal and a Sheriff’s Detective” with the Hernando County Sheriff’s Office (HCSO in Florida).
I have continued to be Aggressively, In-Your-Face Overtly, and Excessively Surveilled, Harassed, Stalked and Intimidated by members of the Tampa-Orlando JTTF, Deputies with the Hernando County Sheriff’s Office, and on information and belief members of the Tampa-Orlando ATF (On information and belief, members of the Tampa-Orlando ATF are using several of my Online Websites that I’ve created over the years as Pretextual Justification to Surveil, Harass, and Intimidate Me). Because of controlling U.S. Supreme Court case law (such as: Laird v. Tatum, 408 U.S. 1 (1972)) and its progeny in the U.S. Courts of Appeal, there’s not much I can do through litigation, other than silently suffer.
The fact is, Cops (i.e., FBI Special Agents, FBI Investigative Specialists, ATF Agents, Deputy Sheriffs, Special Deputy U.S. Marshals, State Troopers, Police Officers, Probation & Parole Officers, Prison Guards, etc.) HAVE WEAPONIZED THEIR SURVEILLANCE AUTHORITIES, in order to PUNISH AND DETER PEACEFUL CIVIL RIGHTS & CIVIL LIBERTIES ACTIVISTS (i.e., The Target/Mark of these Rogue Cops) from Advocating for the Protections and Safeguards embodied in The U.S. Constitution and The Bill of Rights (i.e., my Online Websites on the Internet, where I’ve Advocated for The First Amendment Rights and The Second Amendment Rights Contained in The Bill of Rights AND my Online Web Repositories).
Thus, Cops USING THE PRETEXT OF CONDUCTING COUNTERTERRORISM OR CRIMINAL INVESTIGATIONS have engaged– for the past approx. 11 years– in Blatantly Overt, In-Your-Face, Aggressive, and Excessive Surveillance of Me (Their Target) for the Purpose of Harassing, Stalking and Intimidating a Peaceful Civil Rights & Civil Liberties Activist.
The typical Modus Operandi (M/O) for Cops (i.e., FBI Special Agents, FBI Investigative Specialists, Special Deputy U.S. Marshals, Deputy Sheriffs, State Troopers, Municipal Police Officers, Probation & Parole Officers, Prison Guards, etc.) is to Break the Law With Near Impunity and Engage in Brutal and/or Corrupt Conduct. But, in the Relatively Rare Instances When The Cops Get Caught Having Engaged in Police Brutality and/or Police Corruption, Essentially THE NEGATIVE FINANCIAL CONSEQUENCES DUE TO THEIR BRUTAL OR CORRUPT CONDUCT IS BORNE BY “WE THE PEOPLE” (i.e., THE TAX PAYERS). This is an example of A STRUCTURAL, BUILT-IN ADVANTAGE INTENTIONALLY CREATED by Powerful & Influential Law Enforcement Officers’ or Corrections Officers’ Labor Unions Over Several Decades Following the Advice in the Idiom “Heads They Win, Tails You Lose.” (In the Preceding Idiom, “They” Refers to Cops– Both as a Social Group and as an Institution– While “You” Refers to Us Civilians)
One of the Main Reason Why Cops are Able to Break The Law and Get Away With It is Because of Favorable-to-the-Cops Contractual Provisions That are Contained in Their Law Enforcement Officers’ or Corrections Officers’ Labor Union Contracts (i.e., Collective Bargaining Agreements) That Protect Them and Provide Them Unfair Advantages in the Public/Social Domain, the Media/Information Domain, the Political Domain, and the Legal Domain, in Comparison to Us Civilians. In Other Words, METHODICALLY, OVER MANY YEARS, Cops and Their Powerful Labor Unions Have “Stacked the Deck” in Their Favor to the Maximum Extent That They Can Get Away With, Thereby Intentionally Creating Several SYSTEMIC FACTORS That Make It Very Difficult to Hold Brutal and/or Corrupt Cops Accountable, and Thereby Guaranteeing to Perpetuate Police Brutality & Corruption and Also Incentivize Cops to Violate Us Civilians’ Civil Rights & Civil Liberties. Additionally, These Powerful Law Enforcement Officers’ or Corrections Officers’ Labor Unions With Deep Pockets are Regularly ABLE TO HIRE INFLUENTIAL LOBBYISTS WHO ADVANCE COPS’ INTERESTS IN THE HALLS OF POWER, and Also These Labor Unions With Deep Pockets are Able to Make Campaign Contributions to Federal, State, County, and Municipal Politicians Who Return the Favor by Crafting Legislation (i.e., Statutes, Ordinances, and Regulations) That are Favorable to Cops and Give Cops Numerous Structural, Built-In Advantages.
Cops (i.e., FBI Agents, Special Deputy U.S. Marshals, Deputy Sheriffs, State Troopers, Municipal Police Officers, Probation & Parole Officers, Prison Guards, etc.) and Their Powerful Labor Unions Know How to “Game the System” by Manipulation, Lying and Cheating, and Getting Away With Illegal or Unethical Conduct. Another Powerful Factor is That, Structurally, LE/CO Organizations are Set Up So That an Officer/Agent/Deputy/Trooper Who Reports Another Cop Will Face Significant Challenges in Holding the Bad Cop Accountable, but the Good Cop Will Probably Face Career Problems Going Forward Due to Hostility From His Colleagues and His Superior Officers/Agents/Deputies/Troopers. Conversely, the Officer/Agent/Deputy/Trooper Who is Accused of Brutality/Corruption Has Numerous, Structurally Built-in Protections and Advantages that We Civilians Do Not Have Such As:
(1). Law Enforcement Officer’s Bill of Rights (LEOBR or LEOBOR);
(2). Nepotism in Hiring, Garrity Warnings/Rights, Kalkines Warnings/Rights;
(3). FREE, Very Good Attorneys (These Attorneys are Not Over-Worked and Underpaid Like the Public Defenders, Who Most of Us Civilians Have to Rely On) With Plenty of Resources to Represent Them in Labor Dispute Matters, Criminal Matters, Lawsuits, etc., and These Attorneys’ Fees and Costs are Paid-for by Either the Labor Union(s) or The Cops’ Agency/Department;
(4). The Rampant “Blue wall of Silence” Culture;
(5). Due to Campaign Contributions That Have Been Made by Powerful and Influential Law Enforcement Officers’ and/or Corrections Officers’ Labor Unions “With Deep Pockets” to Federal, State, County, and Municipal Politicians, These Politicians Return the Favor by Crafting Legislation (i.e., Statutes, Ordinances, and Regulations) That are Favorable to Cops and Give Cops Numerous Structural, Built-In Advantages and Protections.
(6). If the Cop is Found to be Responsible for Injuring or Murdering a Civilian, the Cop Doesn’t have to pay a Dollar Out of His Pocket; Instead Through “Indemnification Clauses” (Special Labor Union Contracts Provisions/Clauses) Written Into the Labor Union Contracts, It’s Ultimately the Tax Payers Who Live in the Jurisdiction Who Have to Pay the Injured Civilian or the Family of the Injured or Murdered Civilian. This is all due to the Enormous Power of Law Enforcement and Corrections Officers’ Labor Unions and the Very Favorable Contracts (Collective Bargaining Agreements) that the Cops’ Labor Unions Force/Pressure upon the Politicians and upon the Entities (towns/Cities, Counties, States, etc.) that hired the Cops to Protect Its Tax Payers and Residents.
One Part of the Solution to Reduce Police Brutality & Police Corruption Is:
More than 85% of Employed Americans Work Under “AT-WILL” Employment Contractual Terms, Which Dictate That AN EMPLOYEE CAN BE FIRED BY THE EMPLOYER FOR “ANY REASON OR NO REASON.” Because Collective Bargaining Agreements (i.e., LEO/CO Union Contracts) Aggressively Negotiated by Powerful Law Enforcement and Corrections Officers’ Labor Unions have Resulted in Weak Accountability of Cops Across the Country, Cops Should Only be Hired On an “AT-WILL” EMPLOYMENT CONTRACTUAL TERMS, Instead of Under ‘Powerful Labor Union’ Protected “TERMINATION-FOR-JUST-CAUSE-ONLY” COLLECTIVE BARGAINING AGREEMENT Terms.
Below is the FOIA/PA request that I sent to the ATF/BATFE:Heendeniyas-FOIA-Request-to-The-ATF-on-10182018Thursday-Signed
Below is the Lawsuit Complaint that I filed against the ATF/BATFE in the U.S. District Court for the Middle District of Florida in early 2020:
Below is My Notice, to the ATF/BATFE Headquarters and Its Employees & Contractors, Requesting Evidence Preservation:ATF-Notice-to-ATF-HQ-Regarding-‘Related-Case-Order-and-‘Certificate-of-Interested-Persons-Order-and-Evidence-Preservation-Demand-Letter
Below is My Notice, to the Tampa-Orlando ATF/BATFE and Its Employees & Contractors, Requesting Evidence Preservation:For-Tampa-ATF-Evidence-Preservation-Demand-Letter-to-ATF-135-Page-Letter-02262020Wed
Below is My Declaration Notifying The U.S. District Court for the Middle District of Florida Regarding the ‘Related Case Order,’ the ‘Certificate of Interested Persons Order,’ and the Evidence Preservation Demand That I Had Mailed to the ATF/BATFE:ATF-Plaintiff-Heendeniyas-Declaration-Notifying-The-Court-Regarding-the-‘Related-Case-Order-and-the-Evidence-Preservation-Demand
Tags: Police Brutality, Police Corruption, FBI Brutality, FBI Corruption, ATF Brutality, ATF Corruption, 42 USC Section 1983, 42 USC § 1983, Section 1983, Bivens v. Six Unknown Named Agents, Bivens Claim, Monell v. Department of Social Services, Monell Claim, Tampa FBI Field Office, Tampa FBI Field Office Corruption, Orlando FBI Field Office, Orlando FBI Field Office Corruption, Joint Terrorism Task Force, Joint Terrorism Task Force Corruption, JTTF, Tampa-Orlando Joint Terrorism Task Force Corruption, Tampa-Orlando JTTF Corruption, JTTF Corruption, Tampa JTTF, Tampa JTTF Corruption, Orlando JTTF, Orlando JTTF Corruption, Tampa ATF Field Office, Tampa ATF Field Office Corruption, Tampa BATFE Field Office, Tampa BATFE Field Office Corruption, Orlando ATF Field Office, Orlando ATF Field Office Corruption, Orlando BATFE Field Office, Orlando BATFE Field Office Corruption, Hernando County Sheriff’s Office, Hernando County Sheriff’s Office Brutality, Hernando County Sheriff’s Office Corruption, FBI Agent Thomas Miller, FBI Special Agent Thomas Miller, FBI Agent Tom Miller, FBI Special Agent Tom Miller, Tom Miller, Thomas Miller, FBI Agent Sonya Yougue, FBI Special Agent Sonya Yougue, Sonya Yougue, Special Deputy U.S. Marshal David Kortman, Special Deputy U.S. Marshal Dave Kortman, Hernando County Sheriff’s Deputy David Kortman, Hernando County Sheriff’s Detective David Kortman, Hernando County Sheriff’s Deputy Dave Kortman, Hernando County Sheriff’s Detective Dave Kortman, David Kortman, Dave Kortman, FBI Special Agent in Charge Paul Wysopal, FBI Special Agent Paul Wysopal, FBI Agent Paul Wysopal, Paul Wysopal, ATF Special Agent in Charge Regina Lombardo, ATF Special Agent Regina Lombardo, ATF Agent Regina Lombardo, Regina Lombardo, Hernando County Sheriff Alvin Dale Nienhuis, Hernando County Sheriff Al Nienhuis, Alvin Dale Nienhuis, Alvin Nienhuis, Al Dale Nienhuis, Al Nienhuis, Hernando County Deputy Sheriff Richard J. Kramer, Hernando County Deputy Sheriff Richard Kramer, Richard Kramer, FBI Special Agent in Charge Michael F. McPherson, Michael F. McPherson, Michael McPherson, ATF Special Agent in Charge Daryl R. McCrary, ATF Special Agent in Charge Daryl McCrary, Daryl McCrary, Kendra Corbitt, Timothy Snyder, Tim Snyder, Janine Richardson, Police Union Contracts, Law Professor Attorney Stephen Rushin, How We Prosecute The Police, Law Professor Attorney Kate Levine, Police Suspects, Interrogating Police Officers, Police Disciplinary Appeals, Ending The Internal Affairs Farce, Law Professor Attorney Rachel Moran, “Let The Sunshine In – Illuminating The Powerful Role Police Unions Play in Shielding Officer Misconduct”, Attorney Katherine J. Bies, “To Serve and Protect Each Other – How Police-Prosecutor Codependence Enables Police Misconduct”, Attorney Somil Trivedi and Professor Nicole Gonzalez Van Cleve, “Litigating The Blue Wall of Silence – How to Challenge The Police Privilege to Delay Investigation”, Attorney Aziz Huq, Attorney Richard McAdams, Importance of State Law in Police Reform, Law Professor Attorney Roger L. Goldman, “Revocation of Police Officer Certification – A Viable Remedy For Police Misconduct”, “How Governments Pay – Lawsuits, Budgets, and Police Reform”, Law Professor Attorney Joanna C. Schwartz, Pension Forfeiture and Police Misconduct, “Journal of Law, Economics & Policy”, “Changing The Law to Change Policing – First Steps”, Law Professor Attorney Barry Friedman, “Collective Bargaining Rights and Police Misconduct – Evidence From Florida”, Attorney Dhammika Dharmapala, Attorney John Rappaport, “Deadly Discretion – The Failure of Police Use of Force Policies to Meet Fundamental International Human Rights Law and Standards”, “University of Chicago Law School – International Human Rights Clinic”, “Deadly Force – Police Use of Lethal Force In The United States”, Amnesty International, “Get On The Ground! – Policing, Poverty, And Racial Inequality in Tulsa, Oklahoma, A Case Study of Us Law Enforcement”, HRW, Human Rights Watch, “Shielded From Justice – Police Brutality and Accountability In The United States”, Human Rights Watch, HRW, “Crime, Legitimacy, and Testilying”, Attorney I. Bennett Capers, Code of Silence, Jamie Kalven, The Intercept, “Proving The Lie – Litigating Police Credibility”, David N. Dorfman, “Testilying by Police: A Stubborn Problem”, Joseph Goldstein, The NY Times, “Deceit, Pretext, And Trickery – Investigative Lies by The Police”, Attorney Christopher Slobogin, “The ‘Blue Wall of Silence’ As Evidence of Bias and Motive to Lie – A New Approach to Police Perjury”, Attorney Gabriel Jackson Chin, “Testilying – Police Perjury and What to Do About It”, “Lies, True Lies, and Conscious Deception – Police Officers and The Truth”, Attorney Geoffrey P. Alpert, Attorney Jeffrey J. Noble, “Police Institutions and Police Abuse – Evidence From The U.S.”, Abdul N. Rad, “Police Perjury – A Factorial Survey”, Attorney Michael Oliver Foley and U.S. DOJ, “Cross-Examination of Arresting Officer – Principles, Custody, Motor Vehicle Stops and Searches, Drug Cases, Search Warrants, and Searches Incident to Arrests”, Attorney Kevin J. Mahoney, “California’s Police Lobby – How Police Associations Prevent The Nation’s Largest State From Addressing Police Violence”, Campaign Zero, “Factors In Police Misconduct Arbitration Outcomes – What Does It Take to Fire a Bad Cop”, Attorney Tyler Adams, Police Arbitration, What Police Learn From Lawsuits, “Police Integrity Lost – A Study of Law Enforcement Officers Arrested”, Professor Philip M. Stinson, Professor John Liederbach, Professor Steven P. Lab, The Wandering Officer, Attorney Ben Grunwald, Qualified Immunity’s Boldest Lie, Federal Practice Manual For Legal Aid Attorneys, Attorney Jeffrey S. Gutman, Is Qualified Immunity Unlawful, Law Professor Attorney William Baude, “Qualified Immunity and Statutory Interpretation – A Response to William Baude”, Law Professor Attorney Hillel Y. Levin, Law Professor Attorney Michael Lewis Wells, “Bivens Basics – An Introductory Guide For Immigration Attorneys”, American Immigration Council, A Litigator’s View of Discovery and Proof in Police Misconduct Policy and Practice Cases, Attorney G. Flint Taylor, Evaluating Your Potential Police Misconduct Civil Rights Case, Attorney Ben Rosenfeld, The Freedom of Information Act Trial, Law Professor Attorney Margaret B. Kwoka, Police Indemnification, How Qualified Immunity Fails, Police Privacy, Law Professor Attorney Rachel Moran, “Paying For Your Time – How Charging Inmates Fees Behind Bars May Violate The Excessive Fines Clause”, Attorney Lauren-Brooke Eisen, Law Enforcement’s ‘Warrior’ Problem, Attorney Seth W. Stoughton