Fight for the Fourth Amendment

My lawsuit was filed on 3/27/2017. Waters et al vs. Kirchner et al.

I mention my form of Autism, Asperger's, only to put my interaction with police in to the proper context. We with Autism Spectrum Disorder, are seven times more likely to have encounters with police. We also have some peculiar traits. One common trait is severe concern for personal privacy.  We also do not understand doing things we are not required to do, that we do not want to do, just because others "expect" it.

So as a result of the above issues, I always choose to refuse receipt verification. I find the act of proving you did not steal to be utterly repugnant. I had never had a problem with refusing, until Easter Sunday. I had showed the employee my receipt and my slip that proved I picked up my property, generally things I refuse to do on principle alone. However I refused to open my trunk to let him verify there was "nothing else" in there. They would not let me out until I agreed, so I called police. Being well acquainted with the laws in Minnesota, I knew I was being falsely imprisoned and knew that I had no obligation to open my trunk. 

When police arrived, even though I was the complainant, they did not even speak with me, but spoke only to the store manager. Then they demanded I open my trunk. I said no thanks, and informed them that the merchant had not even accused me of theft much less provided evidence of it. They said they would  get a warrant, I invited them to. I had, afterall, nothing to hide. I also had no reason to comply. I do not surrender my rights to the very people they were designed to protect me from.

They knew there was no way they could get a warrant. So they simply cuffed me and put me in a squad car, telling me I  would simply stay there until I "complied" and opened my trunk. I would not. I of course WAS under arrest, by every possible legal definition. Eventually my wife complied when they told her SHE would not leave until the trunk was opened.  When she did and I was released from the cuffs and let out of the squad car (ten minutes after the trunk was opened), the sergeant on the scene physically grabbed and violently shoved  me, mistakenly believing he was off camera (but they activated the wrong dash cam!) 

I contacted the Chief of Police and filed a complaint. I also contacted the mayor. I simply wanted them to educate and discipline their officers. Both refused to even address the issue. BOTH invited me to sue them, and the chief said there was nothing wrong with the officers behavior. 

I am seeking less than 1/2 of the total estimated costs. If I am successful, should my settlement / judgment be sufficient, I will donate to a campaign for anyone who was falsely arrested, an amount equal to what was paid to my campaign. I also have sarted a movement to help those taking on this challenge, to help others help themselves, called Police Accountability: Project Police Yourself. (P.A.P.P.Y., yes I needed an acronym.)

I intend to spend the rest of my days fighting for the  Constitutional rights of others, and will attempt in any way to donate either time or money to that cause.

*Disclosure: I do have two campaigns for this, for the purpose of reaching two different types of people. One for Autistics and their supporters, and another for Constitutionalists. I am only seeking a total of $5,000 from both campaigns combined, not $5,000 each.

Thank You!

Charlie Waters