Complaint Review: Dean Johnson

STATEMENT OF FACTS

What led to the destruction of my home was related to issues with people living in my neighborhood. I do not understand what motivated my neighbors, who criminally trespassed onto my property to commit crimes against my person, my home, and my land. My neighbors started with harassment on August 3, 2015 and by August 8, 2015, one of my dogs was dead. Someone took a piece of bologna, laced it with malathion, and tossed it into my fenced-in dog yard at night. The assault on my person, home, and land continues to this day. That is six (6) years and seven (7) months of some sort of violent vibrations and other type of power that could not be detected by electricians or utility professionals.

My neighbors began by attaching inexpensive Two-Way RF radio signal devices on the windows of my home. I do not understand how these radio signals were strategically placed in other areas of my home, but it was extremely unnerving and annoying. With the radio signals in place, they stalked me in my own home and listened to everything that was taking place inside. They harassed me at all hours of the day and night with noise to prevent this 63 to 69-year-old DISABLED woman from getting any sleep or rest. In 2015, I was suffering with severe pain from injuries sustained in an F3 tornado on April 28, 2014. My injuries included a break in the neck at the C2 vertebrae, head trauma, multiple and severe hematomas all over my legs, nerve damage to the groin and glutes, etc. My entire way of life has been completely stripped away from my person and my home.

People in my neighborhood did the following with “Malice Aforethought:”

(1) tapped into my electrical system to utilize the home’s power for their own purposes, i.e., to cause damage to the home and its occupant;

(2) when I began to cut the power off to my home, neighbors constructed their own electrical system to utilize the power from other sources, i.e., neighboring homes, Clements High school, etc.;

(3) applied so much power to the home that the vibration caused a break in one of the main mating beams on the floor of the home. This incident initiated the earthquake repair process, i.e., top-level flooring broke away and is contained in the subfloor level, the hydraulics system fluctuated entire rooms to relevel the floors, the roller system was then initiated to restore the padding under the carpets and vinyl flooring,

(a) this process could possibly have the potential capability to disturb some of the home’s systems, which would be unknown to the homeowner. However, this homeowner did not detect any leaks or other problems for years;

(4) drilled holes in the roof to install unknown electrical devices as well has electrical wiring that was attached to the furnace without authorized access from the homeowner;

(5) constantly climbed up on my roof over approximately two (2) year period, at one point, a person almost fell off the roof. So much damage was made to the roofing that it had to be replaced sometime in 2017;

(6) erected some type of a room under the master bedroom;

(7) began to dismantle items of the home to install unknown devices of their own;

(8) broke into the brick retaining wall to gain access to the crawlspace without visual detection by the homeowner;

(9) disturbed the hard dirt pad, which is basically the foundation, which prompted an inspection by AFS Foundation & Waterproofing Specialists on October 2, 2018;

(10) made cut-outs in the metal lip that used to secure the exterior’s siding to the home. This was performed so that the neighbors could attach some type of metal rods to deliver a massive amount of power to the home and its occupant;

(11) constructed some sort of a control panel of their own so that they could turn their nasty power rods on and off as they pleased;

(12) regraded my land five (5) times on one side of the home and three (3) times on the other side disturbing the septic tank and plumbing, as well as regraded the gravel driveway in front of the home;

(13) systematically soaked the flooring throughout the house until the carpet fibers started to break down and there was a partial collapse of the flooring in the kitchen/dining area;

(14) removed a lot of insulation, which looked like foam mattresses, and through them all over the crawlspace;

(15) consistently tampered with an expensive water hydrant installed at the back of my land until they broke the plumbing;

(16) dismantled many items from the house to remove the frame, cut the metal straps, severely damaged the concrete footing portion of the foundation, stack the metal frame pieces on some sort of old-style cinder block and used wood wedges to stabilized the beam and girders;

(17) strong vibrations from their devices, as well as actual tampering with the heating and cooling system generated excessive maintenance repair costs to the heating and cooling system, i.e., at one point the unit was completely drained of coolant at an expense in the amount of $720;

(18) they cut into the siding to create some sort of a slot to insert some sort of disc in which to torture my disabled body, especially the neck and upper back, specifically the two vertebrae that were damaged and eventually caused my disabilities. They also targeted my left leg that was badly injured in the 2014 tornado;

(19) literally made cut-outs under the carpet in the master bedroom location of the home so that I could hear them talk, threaten, and terrorize the homeowner;

(20) someone placed a rather large pile of rat poison, formed in a perfect circle, in between my washer and dryer inside my home. “One of my dogs kept trying to get at something between the two appliances, so I rushed them outside. I do not recall what distracted me, let the dogs back in the house, then remembered that I had not cleaned up the pile of rat poison. When I went to do that, the pile of rat poison was completely gone. Not long after that, another one of my dogs was dead;”

(21) they were shooting in the wooded area on my property, I witnessed groups of feathers, they were killing birds; scattered bird-shot across the back of my property as I walked toward the chicken coop; shot off a gun near the end of the fenced-in dog yard, inside property lines;

(22) they loosened the boards in both porches creating a safety hazard as the nails kept coming up and caused injuries;

(23) I literally witnessed people from the Blake residence next door deliberately take their dogs off their leashes to bring them onto my property to harass the rooster. They did this at all hours of the night and early morning. I had them on video driving their car to position it in such a manner that the headlights would cause a white-out effect on the game camera. This activity caused my main waterline to recede in that area between the two back yards;

I purchased two game cameras, set them up on my back porch, turned in opposite directions. I had proof that my neighbors were criminally trespassing onto my property in the form of 494 video clips dated from March 2016 to September 2021. Deputy Gil Moore, of the Limestone County Sheriff’s office, viewed many of these video clips that I had downloaded from the game cameras. Deputy Moore conducted an investigation and spoke with some of my neighbors. At some point, the Sheriff’s office stopped coming to my home. Their stock answer was that they would set up extra patrols in my neighborhood.

I do have some police reports and documentation regarding the damages to my home by someone other than myself, as I am not easily capable of crawling under my home to do much of anything without experiencing horrific pain. Now comes Home First Agency, my home insurance policy administrator, and all they do is deny every claim. Case in point, claim# 201526127, assigned to Reggie Lane. Denied as “Our investigation indicates that your loss is due to: Settling.” Claim# 201705055, assigned to Chelsey Ellenburg, was also denied. The documentation specifying the explanation cannot be located. Claim# 201812655, assigned to Autumn Potter, was denied. The documentation states “Our investigation indicates that your loss is due to: No direct physical loss or damage to the dwelling caused by a covered peril at the time of the inspection.” Claim# 201822712 assigned to Autumn Potter was denied. The documentation states “Our investigation indicates that your loss is due to: No direct physical loss or damage to the dwelling caused by a     covered peril at the time of the inspection.”

Claim# 202106501, assigned to Aaron Esmark was not denied. The letter states, “In order to expedite this claim, please send an official Police Report which details the stolen items and any damage to your home and/or personal effects. Please complete, date and sign the enclosed Personal Effects Summary sheet(s) and Burglary-Robbery-Theft Claim Form. List each stolen item along with the original date and place of purchase, and proof of ownership. Please list each item separately. Pictures are needed to verify the damage to your home and/or personal effects along with two (2) estimates on company letterhead for repairs or replacement of the damaged item(s), Please return the requested information by March 30, 2021. If you have any questions, please contact me at 800-804-9389, extension 5592. Please have your claim number ready when you call. Sincerely, AARON ESMARK, Claim Representative, Direct Fax Number – 865-380-3973. Attached please find a Proof of Loss form that is required for you to complete and return to my attention as soon as possible. Please be aware that this form must be notarized and the original must be returned prior to any funds being released. If you have any questions, please contact me at 800-804-9389, extension 5592. Please have your claim number ready when you call. Sincerely, AARON ESMARK, Claim Representative, Direct Fax Number – 865-380-3973.”

My Homeowners Plus Program, Section I – Conditions, Item 2 states, “Your Duties After Loss. In case of a loss to which this insurance may apply, you shall see that the following duties are performed: (a) give immediate notice to us or our agent, and in case of theft also to the police; (b) protect the property from further damage, make reasonable and necessary repairs required to protect the property, and keep an accurate record of repair expenditures; (c) prepare an inventory of damaged personal property showing in detail, the quantity, description, actual cash value and amount of loss. Attach to the inventory all bills, receipts and related documents that substantiate the figures in the inventory.” Refer to Exhibit D for the remaining policy statements.

            I continued to file claims for vandalism, i.e., 202113102, assigned to Reggie Lane and was denied stating, “Our investigation indicates that your loss is due to: No direct physical loss found to the home at time of inspection.” Claim number 202106501 which was assigned to Brandi Christopher and was denied stating, “Our investigation indicates that your loss is due to: Wear and tear to the dwelling.” Brandi Christopher denied 202106501 for the second time stating, “Our investigation indicates that your loss is due to: Animal damage to the flooring.” Brandi Christopher opened claim number 202203578, acknowledged on February 15, 2022 based on a report submitted by David tuck in early December 2021. Brandi Christopher paid this claim in the amount of $3,159.62. However, the payment check came with a detailed and itemized list of repair instructions that basically was a remodel of the home, see Exhibit E. I filed complaints with the Alabama Department of Insurance (ALDOI), possibly the Alabama Attorney General, possibly RIPOFFREPORT.COM, etc. In my opinion, I have successfully completed my due diligence responsibility and now require an unbiased opinion.

          I would like to point out to the claims department the significance of the “Tie-Down,” this issue alone VOIDS an FHA inspection record. That inspection record is then preserved by personnel with the building code agency. If AFS had provided their estimate in 2018, this struggle with Home First Agency would have been dealt with in a timely manner. With regards to the loss settlement check, there are CONDITIONS specified in the policy that I believe is misunderstood by someone. Item 14, Loss Payable Clause states: “The word “Leinholder” includes trustee. If a lienholder is named in this policy, a loss payable under Coverage A, B, or C will be paid to the lienholder and you, as interests appear. If more than one lienholder is named, the order of payment will be the same as the order or precedence of the liens. If we deny your claim, that denial will not apply to a valid claim of the lienholder, if the lienholder, (a) notifies us of a change in ownership, occupancy, or substantial change in risk of which the lienholder is aware. (b) pays any premium due under this policy on demand, if you have neglected to pay the premium. (c) submits a signed, sworn statement of loss within 60 days after receiving notice from us of your failure to do so. Policy conditions relating to Appraisal, Suit Against Us, and Loss Payment apply to the lienholder.”

          It is my opinion, that the lienholder would NOT and should NOT have been listed on the check issued by Home First Agency due to the fact that the CONDITIONS for their involvement had NOT been met. (a) There has been NO change in ownership or occupancy. With regards to “substantial change in risk,” my payments are made on-time every month. There is NO risk to the lienholder, my loan amount is not on their balance sheet as bad debt. (b) The premium for my home owner’s policy was set up as an escrow account during the closing process. I prefer to have my taxes and insurance paid monthly as opposed to receiving a yearly bill for both taxes and insurance. I just want to clarify that the lienholder is not paying the premium out of their pocket as I pay into the escrow accounts and that amount was added to my monthly mortgage payment. (c) I have NOT failed in my responsibilities to anyone. NO such condition currently exists that would authorize Home First Agency to notify the lienholder of my FAILURE to do anything. If the CLAIMS department was confused in this matter, they should have consulted with the underwriting department at Home First Agency. The HOME is the largest ASSET for all Americans and we buy insurance to protect this precious commodity.

CONCLUSION OF FACTS

            In summary, I am not able to definitively make a truthful conclusion of facts as the current pertinent information is not conclusive. I have the pictures from AFS but cannot show you the pictures from my memory. I do know what I saw through the access door when Lovelace Services had to enter the crawlspace to service my heating and cooling unit. I witnessed the service professional having to kneel all over what looked like foam mattresses laying on the ground had to follow the copper tubing and check for coolant leaks. I did witness for myself that the underbelly of my home was very neat, there was absolutely no plumbing laying on the ground. The hard dirt pad foundation was smooth and the plastic sheeting was very clean. I did witness for myself that the section of the house where Lovelace employees consistently worked was not supported strictly by the brick retaining wall. That part of the home had initially been installed on solid ground, at some point between 2015 and October 2, 2018, the dirt that supported that part of the home was completely removed.

            Critter Catchers provides a bait system that is efficient and safe for my animals. However, it is plain to see that there was no bait in the crawlspace. It is an assumption on my part that Critter Catchers believed it was too dangerous to enter the crawlspace to throw the bait, which was a less expensive method of servicing my home. Now, they install bait stations all along the exterior of the retaining wall, which costs considerably more.

            Law enforcement personnel consistently made statements to me that they were not going to climb up on my roof. From the ground level they looked and said they could not see any problems with my roof. At one point one of the deputies refused to come into my back yard as he pointed out that the brick retaining wall was bowed. This deputy left my property without any concern for my welfare and safety whatsoever, i.e., he did not contact the Fire department or anyone else that could have assisted me with the structural breach. One deputy told me that I did not make any sense to him when I attempted to report an incident of vandalism. I had a handyman and an electrician install an electrical line from my home to my chicken barn but someone cut the line and attempted to mate a flat electrical line with a round electrical cord. I attempted to report vandalism to the Sheriff’s office when I discovered that the siding was cut and noticed that my neighbors had mad cuts into the exterior walls to create some sort of slots. These slots were used to flood the flooring. Other slots were created to insert some sort of disk, used to torture my neck and back. Both times, I attempted to show the deputies the damage. The deputies simply returned the siding to their proper place, and both times I was told that “you do not want to ruin your pretty house, do you?” Sheriff’s office personnel resorted to a consistent statement that “they would put on extra patrols” for my location. I attempted to report the painful power a number of times and was told many times that the deputies could not feel or see what I was talking about and left. One time the deputy entered the back bedroom with me and started asking me questions regarding the pillows stacked on the bed. He felt the mattress and said that it was such a nice mattress. I felt trapped in the bedroom with standing between me and the bedroom door and that made me uncomfortable as I wanted him to leave my home.

            Lance Royal, Sheriff’s office Captain of Investigations, literally crawled under my home, went to the make-shift shelter when a neighborhood friend known only as Katy, summoned him to my home. He did not come to my door to speak with the homeowner at all. I could hear the deputy Royals make a comment about some sort of construction in the crawlspace, i.e., that only part of the crawlspace appeared to be affected. Lance Royals actually spoke with the vandals and did absolutely nothing, he did not write a report, he did not attempt to obtain arrest warrants, he did not even attempt to bring these neighbors to the Sheriff’s office for an official interview. Lance Royals did not run a background check on the individuals to see if they had any open warrants. However, some consultant with the District Attorney’s office did have the criminal history of these same vandals. Suffice it to say, Jason Black of the County Commission appeared to have full knowledge of the harassment AND vandalism issues that were occurring at 16560 Hampton Lane near Clements High School, as specified in an email communication with Denise K. Leone-McCafferrey.

If anyone in the Sheriff’s office did, in fact, conduct an investigation and secured evidence of a crime at 16560 Hampton Lane to present to the District Attorney, then what? Brian C. T. Jones literally crawled under my home to inform my neighbors that what they were doing was against the law and cautioned them to stop. In the end, Brian C. T. Jones attempted to broker a deal with this homeowner, but did absolutely nothing by way of actually performing his duties as District Attorney. I do know that someone provided proof of the massive assault on my person and my home to the Sheriff’s office, but it did not come to fruition. 

In addition, Dean Johnson, Department of Human Resources (DHR), came to my home to speak with me. Dean Johnson told me that he had received a complaint that I had no food in the house, which was sometime in 2016. I was only sixty-four (64) years old and was being investigated as an incompetent. I do not recall his reasoning for the second visit to my home, but I did resent it. So, I sent him to my back yard to view the underbelly of the house. He noticed that a large white tube was falling, in the process of removal. I later filed three (3) complaints of elder abuse with the Department of Human Resources, to no avail. DHR neglected to even acknowledge my complaints. When Dean Johnson sent another DHR employee to my home in 2021, I simply shut the door in her face. I then called Dean Johnson and told him to stop the harassment, and he agreed.

SOURCES OF LEGAL AUTHORITY

In accordance with Ala. Code, Title 13A, Ch. 7, Sec. 13A-7-4, Intrusion Upon Property, which states in part: “A person commits the crime of criminal trespass in the third degree if he/she knowingly enters or remains unlawfully in or upon premises.” These neighbors did not want me to see and/or catch them on my property. They acted as nothing more than cowards and their arrogance was over-the-top. They boldly came onto my property, peered hard into my windows trying to see inside my home. They tried to gain access to the interior of my home through the sliding glass doors in the back of the house. They brought, what I assumed to be an old blood hound, to sniff out my actual location inside my home. They did try to come through the front door once, then appeared to behave like an ape on my back porch, like a wanton criminal. They taunted me from the back parking lot of Clements High School. They pierced the sub-floor level with I do not know what kind of shard to bring me such incredible pain I have never experienced before. They planted inexpensive listening devices throughout my home from the crawlspace or the exterior of my home. All of their actions made it extremely difficult to prove to the Limestone County Sheriff’s office, I was a nut in their opinion.

In accordance with Ala. Code, Title 13A, Ch. 8, Sec. 13A-8-36, criminal trespass, which states in part: “(2) The Defendant did so with the intent to damage property and having no right to do so or any reasonable ground to believe he/she had a right to do so.” The people in the neighborhood surrounding my home were never invited or were authorized to be on my property. They have invaded my privacy and property unlike anything I have ever encountered. They had no respect for my person or my property. In my opinion, their wanton, vicious, brutal appetites appear to be 100% criminal. These people used their expertise, i.e., electricians, plumbers, masonry skills, etc., to commit crimes against a 63-year-old (in 2015) disabled woman. Why? That is what I would like to know.

            In accordance with the 2006 Ohio revised code 2921.44, regarding dereliction of duty, which states: “Dereliction of duty generally refers to a failure to conform to rules of one’s job, which will vary by tasks involved. It is a failure or refusal to perform assigned duties in a satisfactory manner. Dereliction of duty on the part of an employee may be cause for disciplinary action, which will vary by employer. It may refer to a failure by an organization member to abide by the standing rules of its constitution or by-laws or perform the duties of the position appointed to.” It appears to me that the Sheriff’s office is most probably guilty of dereliction of duty as they did not see fit to set up any type of surveillance for my property in spite of the fact that they used to have a deputy’s vehicle stationed in Clements High School’s back parking lot directly behind my property. At one point, it looked like they were occasionally performing surveillance of my property from across the street from my home. How did Jason Black know about the so-called drones? I only surmised that what I thought I saw from my chicken coop was perhaps some kind of drone. However, the game camera video clips confirmed some of what I saw with my own eyes and what Gil Moore saw when he viewed the same video clips. When I filed a complaint with the Federal Aviation Administration (FAA) I included some of the video clips. Later, I learned that the FAA implemented a law banning drones from being flown anywhere in the United States unless they were registered with the FAA. The Limestone County Sheriff’s office failed to acknowledge the legitimacy of my complaints.

            Ala. Code, Title 13A. Ch. 6, Art. 2, Section 13A-6-20(a) states, “A person commits the crime of assault in the first degree if: (1) With intent to cause serious physical injury to another person, he or she causes serious physical injury to any person by means of a deadly weapon or a dangerous instrument; or (2) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of the body of another person, he or she causes such an injury to any person…” My neighbors stalked and harassed me at all hours of the day and night with noise to prevent this 63 to 69-year-old DISABLED woman from getting any sleep or rest. In 2015, I was suffering with severe pain from injuries sustained in an F3 tornado on April 28, 2014. My injuries included a break in the neck at the C2 vertebrae, head trauma, multiple and severe hematomas all over my legs, nerve damage to the groin and glutes, etc. My entire way of life has been completely stripped away from my person and my home. I used to walk my property, now I utilize my car to get the mail and feed my chickens. In 2014 to 2020 I could walk around my home freely, now I had to utilize a walking stick until today when I primarily have to utilize a walker. In December 2021 I was no longer strong enough to do my own shopping and had to utilize online shopping and delivery services.

HB493 2 199374 3 states, “acting in concert means a person will be deemed “Acting in Concert” with another person for purposes of these Bylaws it such person knowingly act (whether or not pursuant to an express agreement, arrangement or understanding) in concert with, or towards a common goal relating to the management governance or control of the Corporation in parallel with, such other person where (A) each person is conscious of the other person’s conduct or intent and this awareness is an element in their decision-making processes and (B) at least one additional factor suggests that such persons intend to act in concert or in parallel, which such additional factors may include, without limitation, exchanging information (whether publicly or privately), attending meetings, conducting discussions, or making or soliciting invitations to act in concert or in parallel; provided, that a person shall not be deemed to be Acting in Concert with any other person solely as a result of the solicitation or receipt of revocable proxies from such other person in connection with a public proxy solicitation pursuant to, and in accordance with, the Exchange Act. A person that is Acting in Concert with another person shall also be deemed to be Acting in Concert with any third party who is also Acting in Concert with the other person.” I was involved in an email conversation with Jason Black on December 12, 2021, when a man stealthily walked up my disability ramp to the front door, but did not knock on the door. I watched the man walk back down my disability ramp and noticed that he was holding a gun in his right hand. I was absolutely stunned and mentioned the incident to Jason Black. He responded by asking me if I was alright, then stated that he would talk to the Sheriff AND the District Attorney the next day. However, Mr. Black did not inform me of the results of his conversation with either party.

               Ala. Code, Title 3, Ch. 1, Sec. 3-1-5(a) states, “Every person owning or having in charge any dog of dogs shall at all times confine such dog or dogs is or are regularly kept. Nothing in this section shall prevent the owner of any dog or dogs or other person or persons having such dog or dogs in his or their charge from allowing such dog or dogs to accompany such owner or other person or persons elsewhere than on the premises on which such dog or dogs is or are regularly kept. Any person violating this section shall be guilty of a misdemeanor and shall be fined not less than $2.00 nor more than $50.00.” On March 9, 2022 I called 911 to report a vicious dog attack upon a Spectrum technician who was on my property to perform his duties as requested. The technician, in fear for his safety, was not able to reach his vehicle. The 911 call was not handled as an emergency as I was automatically transferred to Animal Control and was forced to leave a message. The animal control deputy, Mike Clem, upon arrival to my home did not speak to the homeowner. Instead, he assured the Spectrum technician that he “had his back.” This deputy wrestled with his apprehension of this vicious dog, fending it off with the catcher’s noose and pepper spray but could not apprehend the animal. However, when it came to the safety of the disabled homeowner his statement was “I can bring you a trap in the morning, if you would like.”

            “Each commission acts as the executive of the local government, levying local taxes, administering county government services such as correctional institutions, courts, public health oversight, property registration, building code enforcement, and public works (e.g. road maintenance). The system has been supplanted in large part, as disparate sparsely-settled regions become urbanized and establish tighter local governmental control, usually in municipalities, through in many of the more rural states, the county commission retains more control, and even in some urbanized areas, may be responsible for significant services.” William Penn, colonial founder of Pennsylvania is credited with originating the system of County Commissioners in the United States. Wikipedia. Denise Karen McCafferrey would like to know why Jason Black made the statement, “I have spoken with you on many occasions about your concerns with dogs attacking you, drones around your house, heavy equipment being in your yard destroying your home, your home being on rollers so it can be shifted or tilted when “we” have been in your yard…, etc.” I would like to know why Jason Black stated that he was “at my wits end trying to figure some of these (mine) concerns out.” (Wikipedia history/definition regarding the responsibilities of a County Commissioner)*

A suit against a county for personal injury death or property damage must be brought in the defendant county or where the act occurred.” Handbook for Alabama County Commissioners, 11th Edition, Official Liability, Associations of County Commissions of Alabama. 

            “In sum, official liability seems to have been extended to improper performance and nonperformance of all ministerial duties where some fault is shown on the part of the commissioner. The cases show that official liability is most often found where the official has failed to perform a ministerial duty, or has performed that duty incompletely. The Alabama Supreme Court has held that in such cases, damages may be assessed only in amounts required to compensate victims for actual injuries.” I did inform Jason Black that my home was destroyed and pointed out the damage at Clements High School. Denise Karen McCafferrey would like to know if Jason Black has viewed the damages to the school, does he plan to repair the school. Jason Black stated that he is not aware of any dumping on my property, but that is how I first met him. He was looking at some concrete posts dumped near my back property line and spoke to me. He came through the brush, introduced himself, and made a comment regarding the concrete posts.

  “County commissioners generally cannot be held liable in their individual capacities for torts committed while acting within their duties as commissioners. A county commissioner who acts within the general scope of his authority is not subject to tort liability for an administrative act or omission if he is engaged in the exercise of a discretionary function.” Handbook for Alabama County Commissioners, 11th Edition, Personal Liability, Associations of County Commissions of Alabama.

“In sum, the county commissioner who is concerned about personal liability for an act should ask the following question: Could the act or omission complained of be described as relating to the non-performance or improper performance of a legally imposed duty or function of the office of county commissioner? If so, then the commissioner probably will not be personally liable in damages to injured parties.”

“Suits against public employees for exceeding or abusing their position are often called “1983 suits.”  These fall under 42 U.S.C. § 1983, which was originally passed as Section 1 of the Civil Rights Act of 1871.  This Act was also known as the Klu Klux Klan Act of 1871.  Section 1983 was passed pursuant to Section 5 of the Fourteenth Amendment to the United States Constitution to enforce the provisions of the Fourteenth Amendment.  42 U.S.C. § 1983 states, in relevant part:

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities secured by the

Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress ..."

Section 1983 "is not itself the source of substantive rights," but provides a cause of action for the deprivation of federal rights conferred by the United States Constitution and federal statutes.  Graham v. Connor, 490 U.S. 386, 393 (1989); Baker v. McCollan, 443 U.S. 137, 144 n.3 (1979).  The federal rights which are commonly at issue in actions against counties and county officials are derived from the First Amendment (freedom of speech and expression), Fourth Amendment (unreasonable searches and seizures), Eighth Amendment (cruel and unusual punishment), and Fourteenth Amendment (deprivation of life, liberty, or property without due process of law) of the United States Constitution.” Handbook for Alabama County Commissioners, 11th Edition, Liability for Civil Rights Violations Under 42 U.S.C. 1983, Associations of County Commissions of Alabama.

In accordance with Ala. Code, Title 36, Sec. 36-22-3(4), Public Officers and Employees, which states: “To, with the assistance of deputies as necessary, ferret out crime, apprehend and arrest criminals and, insofar as within their power, secure evidence of crimes in their counties and present a report of the evidence so secured to the district attorney or assistant district attorney for the county.” If someone in the Sheriff’s office noticed that the retaining wall under my home was suspect and could possibly collapse, Denise Karen McCafferrey would like to know why they did not render assistance to a senior disabled homeowner.