CLASS ACTION!

Gary Kollin writes:

I just filed a class action 1983 civil rights federal lawsuit seeking to void the capias warrants that are issued by the Broward Clerk upon the filing of an information. The complaint is attached. These capiases have been issued for over 42 years, at least since I became a lawyer, and have never been challenged.

The argument in the lawsuit is as follows. For at least that period when the State Attorney filed a felony information, the State also filed an instruction sheet to the Clerk directing the Clerk to issue the capias. The Clerk then issued the capiases and set the bonds on the capiases as set forth on the convenience bond list.

The argument is that the State had no right to instruct the Clerk to issue the capiases because the Constitution requires that warrants can only be issued by an independent and detached magistrate after a determination of probable cause and that the magistrate is the one that sets the bond. The Clerk has no authority to set a bond and no authority to issue the capias without a judge’s order.

In every other circuit I investigated, the Information and probable cause affidavit are submitted to a judge who determines probable cause, issues the capias if the standard is met, and sets the bond.

Additionally, this issue applies to every pending case where the defendant was arrested on a not-in-custody capias. The argument is that any evidence or confession obtained as a result of the arrest on the unconstitutional capiases, they are fruit of the poisonousness tree and suppressible. A prime example is when drugs are discovered as a result of the arrest.

If you represent any person who has an outstanding not-in-custody capias, please contact me.

CIVIL RIGHTS CLASS ACTION COMPLAINT
FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF:

John Doe vs. Brenda Forman (Clerk), Harold Pryor (State Attorney) and Gregory Tony (Sheriff)

103 thoughts on “CLASS ACTION!”

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      Lawyers have been successfully dealing with this issue for years. It’s just not necessary to file as a class action. This awards civil remedies but there are criminal strategies each individual defense lawyer should use. Unserved NIC often result in a nolle prosequi through proper motion practice.

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        Incorrect. The remedy you present occurs only after arrest on a capias issued illegally with an unconstitutional bond. There was no judicial review and determination.

        The only way to prevent the unconstitutional arrests is by a class action. The informations are sealed for one year after filing so those defendants cannot take any action to quash the capiases because they don’t know they exist.

        The only civil remedy sought is injunctive relief. Accordingly there is no request for monetary compensation.

        Why remain anonymous if you believe you believe your legal analysis is correct?

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            Please do not make thar analogy to me.

            I was told the same thing when I sued the Sheriff in 1996 for bringing the acquitted incarcerated defendants back to jail to be processed out instead of releasing them from the courtroom.

            Lawyers complained about it from way before I became a lawyer. Like here, they did nothing.

            However. I prevailed and the 221 class members got an award of $5,000 apiece for a total over a million dollars.

            And it could have been challenged on a case to case basis. However, in order to stop the systemic violation of constitutional rights, it could only be achieved through a federal class action suit.

            More importantly, the Sheriff stopped doing it. However. I am told it has resumed and again no one is challenging it.

            I am ready to go into the arena again for that one

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                  TO Jim LNU:

                  I have been handling mostly 1983 police misconduct case which explains my absence from the courthouse with, of course, the Covid issue.

                  About practicing, I have develop my skills so that I no longer practicing. I am lawyering

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                      Looks like an accurate chart.
                      NOT.
                      First, DEATH is spelled incorrectly

                      Second, it is not from the United States.

                      Third, what does it mean as to percentage. What is the time period for each?

                      Fourth, it is highly inaccurate if referring to the present day with regard to, at least, smallpox. Smallpox has been effectively eradicated.

                      Thanks to the success of vaccination, the last natural outbreak of smallpox in the United States occurred in 1949. In 1980, the World Health Assembly declared smallpox eradicated (eliminated), and no cases of naturally occurring smallpox have happened since.

                      Smallpox | CDChttps://www.cdc.gov › smallpox

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          I appreciate your ad hominem response as to the issue of this matter which is the class action. I do not see you stepping up nor your courage to identify yourself.

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            Gary unlike like so many others has never shied away from taking on a subject that all of us should be concerned about as defense attorneys.
            I wholeheartedly applaud him for once again having the courage and taking the time to confront this important issue.
            The cards are always stacked against us from the get-go and his action should serve as an example to everybody.
            The one thing I’m surprised at is why this topic hasn’t been exposed and tackled before now. I sure would like to know why BACDL and the Public Defender’s Office hasn’t addressed this before now.

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              God forbid a lazy Broward Judge be assigned to determine probable cause … They spend more time dodging responsibilities than they do dealing with them. Its like a bad joke around here.

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      GOT TO KEEP THE SLEAZY BAIL BONDSMEN IN BUSINESS SO THEY WILL CONTINUE TO CONTRIBUTE TO JUDICIAL CAMPAIGNS
      BROWARD HAS ALWAYS BEEN BEHIND THE EIGHTBALL

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      I would like to give a shout out to Gary Kollin for doing this. This is an issue that should have been fought years ago. Yet the Public Defender’s Office, and the private bar are too soft, too narrow-minded, and too weak to challenge the injustices in our criminal justice system. Most lawyers lack the vision to effectuate change.

      Fortunately, in a world where most lawyers lack such intelligence or creativity, there are people like Gary.

      Much respect to you Gary. Don’t let the people on ths blog make you feel otherwise.

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    This procedure should change. Something has been going on so long, and no one asked, “Is this permitted.” Good job.

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    Thanks for all the wonderful support!

    The address for me on the web listing is incorrect. I have no idea where that address came from

    My mailing address is

    1856 N Nob Hill Road, Suite 140
    Ft. Lauderdale, FL 33322

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      HAHAHAHAHAHAHAHA Did the Fink or his boss, Satz, ever challenge it either??? Thought the Bar had Rules against such fraud of lawyers, even judicial ones, failing to correct such legal mistakes.

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    https://www.youtube.com/watch?v=AeFEadspSyM

    Do you believe in Karma? I do. What goes around comes around. We’ve all seen bad people do bad things. They get away with it for a while, don’t they? But sooner or later, it all comes back to bite them. Well finally, the left’s reaping what they sow. Every liberal precinct in America is getting rocked. Two Hollywood actors in back-to-back weeks that dominated the news, mired in massive scandals. Jussie Smollett and Alec Baldwin, both Trump-hating narcissists, both reckless liars bringing shame to their industry. One convicted of a race-baiting hoax, the other shot a woman dead on set. Both ran to ABC news and cried.

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    I don’t think they even know what the constitution is. They are Trump jockstrap trying to dissolve the constitution daily?

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      So THAT’s what Satz is–a Trump jockstrap–trying to dissolve the constitution, daily. Didn’t Satz propose and get enacted the removal of “fair trial” protection of “the rule” from Art 1, sect 16 of the constitutiona, so his victims could be present in trials to influence the jury during other witness testimony with reactions etc., as well as hear other witness testimony and cross, to better prepare their answers?

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    I am honored that Gary gave me kinda of an exclusive of this Class action before it became public. Gary has an uncanny knack for simplifying a complex mess that benefits everybody harmed.

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      It should have been written “help” and not “some help.” Please read Strunk and White “The Elements of Style.”

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    BACDL gave Howard and Alan a Gulkin. Why won’t they give one to Gordon. People criticized Howard and Alan like they criticize Gordon. He’s doing a good job. His election is historic. Why doesn’t BACDL honor his achievements.

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      They gave the Harvey Gloopstein to a Black person only twice? It’s not typically done. It’s like having a single Black Judge in the Criminal Division.

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              Has become? SMH. It’s always been a Satz stronghold about money over rights. They worked for and worshipped Mike. Brown nosey trophy night is about it in practice. SMH.

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            ONLY IN BROWARD WOULD A DEFENSE ATTORNEY AWARD BE NAMED AFTER A FORMER PROSECUTOR AND JUDGE WHO ONLY BECAME A DEFENSE ATTORNEY BECAUSE HE NEEDED MORE TIME FOR FAMILY MATTERS (SO SAYS THE SENTINEL LINK)

            NOTHING AGAINST THIS MAN BUT BACDL IS A USELESS BUNCH OF JUDGE WORSHIPPING SYCOPHANTS AS MUCH RESPONSIBLE FOR BROWARD RACISM AND CORRUPTION AS ANYTHING ELSE

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      Because he is a spineless moron that represents everything people in the know cannot stand about what has happened to the Broward PD since Boss Man left. Degradation and removal of all legacy talent, protecting the sacred cows in administration, and generally not giving a shit about the actual work. Oh, and not having any qualified attorney handling the Cruz case. THAT’S WHY!

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    What achievements ? Gordon has never done anything but manage to get elected and hide under his desk the rest of the time. Finkelstein didn’t do much either but run his mouth. Neither of them tried cases and knew very little outside their political leanings milking the old condo crones for all they were worth.

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      Boss Man left with the roster full of talent. Howard the Clown has eviscerated any remnants of the old prowess. All we have now is a cheaper imitation of a cheap imitation. PD in Broward is nothing to be prowd of. Cruz should represent himself – better odds than what is is dealt right now.

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    Ask SAO moth piece Paula McMahon and she’ll tell the press “what NIC cases?” We don’t have any of those…. Gary is lying 🤣

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    I would like to give a shout out to Gary Kollin for doing this. This is an issue that should have been fought years ago. Yet the Public Defender’s Office, and the private bar are too soft, too narrow-minded, and too weak to challenge the injustices in our criminal justice system. Most lawyers lack the vision to effectuate change.

    Fortunately, in a world where most lawyers lack such intelligence or creativity, there are people like Gary.

    Much respect to you Gary. Don’t let the people on ths blog make you feel otherwise.

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