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Baton Bob Strikes Back Against Police That Coerced Facebook Post From Him

McGruber (1417641) writes "In June 2013, Atlanta police arrested costumed street performer "Baton Bob" during the middle of a street performance after Baton Bob was allegedly involved in a verbal altercation with mall security guards. Now, a year later, Baton Bob has filed a federal lawsuit accusing Atlanta police of violating his constitutional rights, assault, discrimination, privacy violations and identify theft. Atlanta Police allegedly forced Baton Bob to make a pro-police statement on his Facebook page before officers would allow Bob to be released on bond. According to the lawsuit: "At approximately 3:40 p.m., while Plaintiff sat handcuffed and without an attorney, he was told to dictate a public statement to Officer Davis, who then typed and posted the message to the Baton Bob Facebook account. The message read: 'First of all, the atl police officer that responded to the incident thru security has been very respectful and gracious to me even in handcuffs. So, the situation escalated from a complaint from a security officer in the area and for some reason she rolled up on me like she didn't know who I was and like I had not been there before. For them to call police to come to intervene was not necessary. So, out of it, because of my fury, the Atlanta police officer did not understand the elements of the situation, so he was trying to do his job, respectfully and arrested my ass!!!!!!!!! I'll be out tomorrow so look out for my show at 14th and Peachtree. So now I'm waiting to be transported so I can sign my own bond and get the hell out of here. I want to verify, that the Atlanta police was respectful to me considering the circumstances. See you when I see you!!!!!!!!!!!!!!' As promised, Plaintiff was then given a signature bond and released from jail."

47 of 203 comments (clear)

  1. Seriously? by c6gunner · · Score: 3, Insightful

    Is there so little happening in the world right now that the best "story" you can come up with is a guy with obvious mental issues claiming police made him post Facebook comments?

    1. Re:Seriously? by McGruber · · Score: 5, Informative

      Why the hell do you think they didn't do this? This is par for the course for news you hear every week from American police.

      It seems to me that it would be easy to convince a jury that the Atlanta police actually did this -- the FB post is timestamped, as was the record generated when Baton Bob was actually released on bond.

      Back in 2006, the Atlanta police executed a 92-year-old elderly woman, during a "botched" drug raid. They fired 39 shots at her, killing her with the 5 or 6 that hit her. After the shooting, one of the Atlanta officers planted marijuana at the house. Wikipedia: Kathryn Johnston shooting

    2. Re:Seriously? by Anonymous Coward · · Score: 3, Informative

      Back in 2006, the Atlanta police executed a 92-year-old elderly woman, during a "botched" drug raid. They fired 39 shots at her, killing her with the 5 or 6 that hit her. After the shooting, one of the Atlanta officers planted marijuana at the house. Wikipedia: Kathryn Johnston shooting

      Definitely fucked up what the police did to this poor old woman. It is important to mention that the gunfire was not completely unprovoked, as she did fire one shot first.

    3. Re:Seriously? by Anonymous Coward · · Score: 2, Informative

      Well, when armed men come storming into your house after they break down the door, do you expect someone not to defend themselves? Also, I like that the one shot was responded to with "39 shots, five or six of which hit." That's a lot of lead flying around.

    4. Re:Seriously? by Anonymous Coward · · Score: 5, Informative

      Actually, deep in the heart of Texas someone actually got released by a grand jury for shooting a cop who busted down their trailer home door unannounced on a no-knock warrant. Guy thought someone was attacking his pregnant wife and shot first.

      First time I've seen anyone let off for killing a cop in self defense. Despite bootlickers like c6gunner, it's getting harder to find 12 angry men who assume the cops are always right and pure and can never make mistakes.

    5. Re:Seriously? by HeckRuler · · Score: 4, Informative

      Hey, that story isn't all sad:

      "Three officers were tried for manslaughter and other charges surrounding falsification and were sentenced to ten, six, and five years."

      The entire narcotics department (that weren't in jail) was flushed with new hires replacing them and no-knock warrents are more restricted.

      So far they're doing better than LA cops...

    6. Re:Seriously? by AK+Marc · · Score: 5, Insightful

      Note the only claim that she fired first is by police, who were prosecuted for the act. They claim she fired after they announced themselves. For all we know, they never announced themselves, or while planting the marijuana, found a gun in a different room and fired one shot with it and planted it on her.

      What amazes me is that after everything else is proven a lie, they still took the convicted criminal's words for the sequence of events.

    7. Re:Seriously? by Rakarra · · Score: 4, Informative

      Yeah, I hate to do this too, but the chronology of events seems to be:
      *) Police cut off burglar bars, smash in door.
      *) Police announce themselves, then enter.
      *) Grandmother fires shot.
      *) Police fire back.

      "39 shots, five or six of which hit." Some of those hits were on each other, further cementing their reputation as Keystone Kops.

    8. Re:Seriously? by Rakarra · · Score: 2

      Unless, of course, they allowed him access to Facebook between his arrest and his release.

      Why..... why would they ever allow that? What PD would think that would be a good idea?
      If they did, then maybe the police should get the hammer just for sheer stupidity.

    9. Re:Seriously? by Anonymous Coward · · Score: 3, Insightful

      No, fuck your perspective. When a paramilitary raid is launched on a person's home it tends to elicit a response indicative of someone who doesn't want to die. Their justification for returning fire is predicated on the erroneous justification for being there in the first place.

    10. Re:Seriously? by AK+Marc · · Score: 2

      Never met a cop who would blow away grandma for no reason.

      Then you never met a cop.

      Even if it played out as they describe, they weren't justified.

      Come again? I think these kinds of statements are why the [citation needed] tag was invented.

      The police admitted it was an illegal raid, and the participants in it were convicted of criminal charges. That was cited previously in this thread. What are you unclear about?

      Spoken like someone who's never been in a firefight.

      [citation needed]

      You assert a firefight. There is no "evidence" that happened. At most she fired one shot before they entered (possibly not even in their direction, hoping to scare off invaders), and they came in on a person who was, at that point, not resisting. Firing blindly until you empty a clip is what panicked idiots do. I'd hope police would have had better (or any, please) training.

    11. Re:Seriously? by tarius8105 · · Score: 2

      If it were me and my dogs they would be curious and at the door. My german shepherd would be barking at him. If he said for me to "keep a good hold" on my dog. My response would be "He is doing his job, you are not" I dont live in atlanta, but here in Alexandria VA the cops arrested my elderly decorated vietnam vet neighbor for "concealment" of a bayonet. They had 6 cops come and arrest him on the street. The bayonet was in his car and not hidden. They illegally searched his car, even some of the officers refused to do it because they knew it was wrong. He isnt in the best of mobility, because of his health conditions, and they tried to make him lie face down on the ground, which is very difficult for him to do. He was not resisting, although he was talking angrily to them, as expected for something that was bullshit. I watched most of it happening and it was the first time I've seen something like that in person. And the story the cops are telling, even after the report, keeps changing. I grew up in a small town in NJ and I trusted the police officers since everyone knew them and they knew us. Even the state police that I met and have been pulled over by were decent (never got a ticket, only warnings). It was after moving out of that area that I learned that not all police officers are decent and you cant trust them to do the right thing.

    12. Re:Seriously? by sumdumass · · Score: 2

      I probably have deserved to be lumped in there a time or two. The cops were called because of noise complaints and i was putting liquor into the trunk because we were moving the party.

      Anyways, the part thay shocked me wasn't getting slammed into the wall. The cops around here have john wayne syndrome with a touch of stupidity (seriously, showed up to a complaint about a woman threatening to kill hersel with a kitchen knife and they shot her dead with 7 shots- because she had a kitchen knife) so little surprises me with them. It was the cop's explaination of the events. I would think if he was justified, he would have just said i was beligerant and resisting arrest. But they concocted a story to make themselves look innocent.

    13. Re:Seriously? by RockDoctor · · Score: 2

      john wayne syndrome with a touch of stupidity (seriously, showed up to a complaint about a woman threatening to kill hersel with a kitchen knife and they shot her dead with 7 shots- because she had a kitchen knife)

      And you let these knuckle-draggers walk around with guns? No wonder America is such a fucked-up society.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  2. That was dictated? by Phrogz · · Score: 2, Funny

    What'd he say, "so he was trying to do his job comma respectfully and arrested my ass exclamation point exclamation point exclamation point exclamation point exclamation point exclamation point exclamation point exclamation point exclamation point"?

    Or was it more, "and then just dump a sh!tload of exclamation points down".

    1. Re:That was dictated? by mythosaz · · Score: 2

      Why would he dictate it at all if they're typing what they want?

      This (non) story reeks of lame.

    2. Re:That was dictated? by PRMan · · Score: 4, Funny

      Well, he dresses like a 12 year old girl, so I think it was him...

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
  3. Re:lol mimes by just_another_sean · · Score: 3, Funny

    You hate everything AC! That's why we love you.

    --
    Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
  4. News for not nerds, stuff that doesn't matter. by Anonymous Coward · · Score: 4, Funny

    Great post McGruber, thanks for selecting it timothy.

    1. Re:News for not nerds, stuff that doesn't matter. by Fjandr · · Score: 3, Informative

      You've either never lived in a decently-sized city, or aren't paying attention if you really need citations to believe it happens. In my city, there are roughly a half-dozen fatal police shootings of unarmed suspects every year. Only one officer has ever been indicted, much less convicted (and is fortunately in prison currently), in the nearly ten years I've lived here.

  5. lol mimes by slashdice · · Score: 5, Funny

    how does a mime have a "verbal altercation"?

    --
    Copyright (c) 1990 - 2014 Dice. All rights reserved. Use of this comment is subject to certain Terms and Conditions.
  6. Comment removed by account_deleted · · Score: 5, Informative

    Comment removed based on user account deletion

  7. Re:lol mimes by Anonymous Coward · · Score: 2, Informative

    I can only wish Baton Bob was a mime.

    He was performing in front of my office building and we could hear him blowing his whistle down on the street from 14 stories up.

  8. Re:lol mimes by NotDrWho · · Score: 4, Funny

    Well, it was either post the pro-police statement or face indefinite detention in an imaginary glass box.

    --
    SJW's don't eliminate discrimination. They just expropriate it for themselves.
  9. Re:lol mimes by ArcadeMan · · Score: 4, Funny

    He looked at the police and gave him the finger?

  10. He's lucky they didn't kill him. by pubwvj · · Score: 4, Insightful

    He's lucky they didn't kill him.
    In our state the cops have killed people with their batons, tasers, pistols and assault rifles for less than this. Of course, every time this happens the cops get off scott free without even a reprimand and with full paid leave during the "investigation" into the "incident". Cops are killing citizens left and right. These are not isolated incidenses but a problem with police mentality. Kill first, ask questions later.

  11. Re:lol mimes by JavaLord · · Score: 3, Insightful

    Street Performer is a euphemism for public nuisance.

  12. Re:lol mimes by spacepimp · · Score: 5, Insightful

    They are a public nuisance with the same rights we afford assholes like myself and yourself. No one, even a mime, can be coerced into a public statement like this...

    This is a highly illegal method of reputation modelling by the Atlanta PD.

  13. Re:Why by Anonymous Coward · · Score: 2, Interesting

    I have no idea why ANYBODY would even consent to logging in to his Facebook account on a computer or unlocking his phone while in custody, let alone post a coerced message like that.

    While people are busy ignorantly demanding that NO ONE access their Facebook account and threatening to sue on Constitutional grounds, Facebook is busy whoring out every last click of your data to the highest bidder.

    But hey, let's keep screaming about privacy. Might as well tweet about it too.

    The only issue that should be on the table here is the issue of coercion that appears to have taken place to release a man from jail. Other than that, let's just drop the Facebook privacy bullshit. If you want privacy, then get the fuck off social media.

  14. Comment removed by account_deleted · · Score: 5, Funny

    Comment removed based on user account deletion

  15. Re:tl;dr or because it's about Rights by just_another_sean · · Score: 2

    Just because this is about a guy in a tutu doesn't mean that a story concerning a citizen of the USA being forced to post something online against his will isn't interesting (and alarming!). I've never heard of this guy and wouldn't look twice if I saw him on the street but I will follow this case now to see if his side of the story is revealed to be accurate and what the eventual outcome is. If these cops are proven guilty and punished than I call that a win for YRO.

    --
    Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
  16. Re:lol mimes by Hotawa+Hawk-eye · · Score: 2

    how does a mime have a "verbal altercation"?

    Sign language.

  17. Re:Yup, sounds legit by EvilJoker · · Score: 2

    The system as a whole moves slowly. A year is actually a fairly short amount of time to try (and fail) to work it out within the system, and then get a lawyer to file suit.

    Of course, this is assuming his claim is legit.

  18. Re:lol mimes by Noah+Haders · · Score: 3, Informative

    He's not a mime. He walks around downtown Atlanta wearing a wedding gown or a tutu. en.m.wikipedia.org/wiki/Baton_Bob

  19. Re:lol mimes by PopeRatzo · · Score: 2

    He's not a mime. He walks around downtown Atlanta wearing a wedding gown or a tutu.

    There was a parade last Sunday with like a thousand guys like that.

    --
    You are welcome on my lawn.
  20. Re:America: Its just completely fucked by JRV31 · · Score: 2

    The deepest circle of hell should be reserved for people who abuse power.

  21. Re:Why by TheCarp · · Score: 3, Informative

    And boy can they be dicks when they want to be. Never been arrested myself, but a friend of mine was and called me to bring him some cash for bail. At 3 am, I am in a waiting room, 2 cops come out and let me know "its going to be a while, it could take all night" and "you should just leave, he can get home".....

    Never mind that he was about 40 miles from home and his car wasn't being released....they just wanted him to have to walk. How long was the "long time" I was going to have to wait for the bail bondsman to show up? About 30-40 minutes.

    --
    "I opened my eyes, and everything went dark again"
  22. South, black gay... luck he's not dead by tekrat · · Score: 3, Insightful

    This guy's first mistake was to assume he had any "rights". Is he "Baton Bob LLC"? Only corporate rights are respected by the law. Individual's rights are whatever the police feel like letting you get with at that moment, which is rapidly less and less.

    Secondly, this is Atlanta Georgia, the deep south, and this guy is black and probably gay as well -- two strikes against him in the eyes of the police. Georgia is notoriously gun-happy as well, the governor having just recently signed a bill that allows open carry just about everywhere.

    Frankly, this guy's lucky he wasn't shot dead on the spot for "resisting arrest". He seems to think we are living in a free country where the people have guaranteed rights. That hasn't been the situation for some time, he'd better get with the program or he'll be assigned to a gulag.

    --
    If telephones are outlawed, then only outlaws will have telephones.
    1. Re:South, black gay... luck he's not dead by clovis · · Score: 2

      You've obviously never been to Atlanta where the mayor is black as well as almost the entire city government is black.
      The police department is 57% black.

      As for gay being a second strike, well it does turn out that Atlanta is no longer considered the gayest city in the USA.
      http://thegrio.com/2012/01/11/...

  23. Re:Why by Maxo-Texas · · Score: 4, Interesting

    Had a friend who was arrested and there was a $15 filing fee.

    They wouldn't make change.
    They wouldn't accept $20's.

    Seriously.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  24. He might want to consider moving again... by damn_registrars · · Score: 2, Funny

    The wikipedia entry suggests he likely lives in or near Atlanta. We saw a while back that murder is legal in nearby Florida, and now Georgia just passed a "carry wherever the hell you want" bill into law. If he doesn't want to be shot for being a perceived threat he might want to consider living somewhere else.

    Yes, I know that slashdot's conservative majority will moderate this down because they don't like the truth. They can do their worst, the moderation of this comment won't move my karma.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  25. Re:America: Its just completely fucked by HornWumpus · · Score: 3, Funny

    People who engage in hyperbole are the worst scum on earth and should be executed by cheese grater.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  26. Re:Why by Anonymous Coward · · Score: 2, Informative

    "Members of the jury, the cops say they spoke to my client, and he dictated a message for them to put on his FB page. but I have here the testimony of several other prisoners proving that they never even bothered to speak to my client at all. This is backed up by video footage showing he was tossed into the holding cell and not spoken to again by the police...."

    At least if they spoke with him, they have evidence they spoke with him. They can lie about the details.

  27. Re: America: Its just completely fucked by Anonymous Coward · · Score: 5, Interesting

    Oddly, if you read Dante, the deepest circle of Hell is reserved for those who dared to stand up against power: Brutus is there for assassinating Caesar and defending the liberty of the Republic, and Satan is there for disobeying God. Hell, like prison, is designed to reinforce authority.

  28. Re:Why by TheCarp · · Score: 3, Interesting

    So that story was a few years back, a few even before that, I had a friend at my house who was a pot dealer. Now when I say friend, I mean, he pulled out his wad and asked me to count it for him while his hands were busy. Which, is of course, the only reasons I know this story is fact, I counted his wad with my own two hands and eyes.... it was exactly $1000 in $20 bills. Exactly, and ALL 20s.

    After he left my house, he managed to get arrested. The exact details of how this happened are not as important. The key facts are that it was night, the place he was heading was the absolute nearest place to my house where one could spend any money, and he never made it even that far.

    Now where this gets interesting is.... the police report actually said he had $850. Not $840 or $860 but, in fact, $850, an amount that one cannot make with $20 bills....meaning that they did, in fact, make change.

    --
    "I opened my eyes, and everything went dark again"
  29. Re: America: Its just completely fucked by HornWumpus · · Score: 3, Interesting

    No.

    The lowest circle is for those who betrayed someone. Standing up to power is something else.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  30. Re: America: Its just completely fucked by HornWumpus · · Score: 2

    It should be noted: I never actually finished reading Dante. Just the much improved Niven/Pornelle reboot.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'