Subject: Re: Andy Ostrowski — recent comment on post
Date: Oct 9, 2017 10:49 AM
JoAnne is absolutely correct in her posts.
The Americans with Disabilities Act, confirms the RULE OF LAW and the Constitution. In order for any involuntary incarceration under the 5th and 14th Amendments DUE PROCESS must be strictly observed. All that this requires is NOTICE AND HEARING. There is a District Court case in Wisconsin that suggests that in this regard Form TRUMPS Substance, and a totally biased finder of fact still meets the criteria. However, this was not the situation!
An ex-parte commitment order to be enforced by Police Act is so wrong that it is a massive stretch for any policeman participating to not be legally and criminally culpable for any action on his part that interferes with the civil rights of a victim – in this case Andy. (The fact that Andy may have given his key to someone is irrelevant – and the fact that he might have on social media made statements that were offensive to someone are not grounds for summary incarceration. THIS IS NOT ALLOWABLE under the Constitution and ANY LAW THAT IS or is interpreted to deny basic DUE PROCESS is void. A middle school student is required to know this fact – to require a well paid judge/lawyer/policeman to be aware of such a proposition is equally appropriate.
I agree with JoAnne — ANDY’s incarceration was WRONGFUL, and criminal. All the miscreants involved ought to be charged with KIDNAPPING, tried and sent to jail! The Gulag cannot be tolerated in America.