Chapter 2 – The Ted Mink Story
The Ted Mink Story is actually an amalgamation of webpages and Word files which I still cannot find. But I have a printed copy from the briefcase. For now at least, this chapter will have to rely on typing or images.
Earlier, in the Leslie Dahlkemper post on this site, I began writing about the massive civil law implications in Colorado for the new police integrity laws. One thing the new statutes require is adherence to basic rights listed in the Colorado Constitution; the Ted Mink Story references that in 2012. Also, the new laws require intervention. In my opinion, this clarifies law enforcement in Colorado as a civil right. This, together with “qualified immunity is not a defense,” a straightforward declaration that civil action is allowed, required bodycam footage, and other details is the gigantic civil law change.
I learned something just yesterday by reading comments on a blog; the site is kind of an addiction of mine with no bearing on the story at hand, so I won’t include it. The First Amendment begins with “Congress shall make no law… or abridging the freedom of speech.” The post goes on to say that this refers to restricting the government and that since Twitter is a private company it can do whatever it wants.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.https://constitution.congress.gov/browse/essay/amdt1-7-1/ALDE_00013537/
I learned around the time of the false arrest (more to come on that) from “counsel” that an email or letter is not exercising , my right to petition the government, going to court is. Email, letters, images, and video are, however, are a fantastic way to show a pattern and prove responsibility because the facts and the timing are irrefutable. And in terms of civil and tort law, this points to increased liability:
duty – breach of duty – causation – injury
negligence – strict liability – intentional
Without getting into details or specifics of a legal case, you can see how culpability goes from low to high (left to right).
Ted Mink’s Problem begins:
Privacy and safety laws are generally the domain of the states. Here in Colorado one of the first passages of the Bill of Rights (link) of the state constitution contains the following.
Section 3. Inalienable rights. All persons have certain natural, essential and inalienable
rights, among which may be reckoned the right of enjoying and defending their lives and
liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their
safety and happiness.
Further, state law makes it the duty for citizens to report crime:
When written, I was ignorant or desperate; a constitution is not a law. Colorado Revised Statutes (C.R.S.) now includes this as law, expanded to include the entire Colorado Bill of Rights as C.R.S. 13-21-131. Now these rights are protected by a citable law. The peace officer is civilly responsible for damages. The law includes, “failing to intervene,” i.e., they must respond. Previously, in my experience and as noted in this letter to the FBI, “color of law” was an vague or difficult to enforce concept.