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hello my name is Vincent McCrudden I am.president for project for Government.Reform welcome back this is the second.in a series of tutorials on the US.criminal justice system and the US.financial regulatory system both systems.I've been a victim of over 22 years and.I wanted to share my experience and.about certain topics I think that will.be informative and that you'll care.about as well so today this tutorial is.going to cover the Federal Tort Claims.Act its title 28 USC 1346 B the.administrative remedies process its.title 42 USC 1997 E and a Bivens action.or Bivens claim and I know all these.relate to how to hold accountable.government agencies or employees where.you may have been a victim of negligence.or abuse of intentional torts and how to.remedy that and how to seek justice and.accountability so after the the first.tutorial on the Judicial Conduct and.disability act of 1980 I received.thank you all for obviously viewing it.it was a little longer than I wanted it.to is a little under 20 minutes I was.told to keep him to 6 minutes or so but.these topics are pretty broad it's very.tough to do that so a lot of the.feedback that I that I got was there.were some people offended about I used I.think ass one or two times I called one.of the judges or the judges they don't.know their ass from their elbow somebody.was offended by that somebody was.offended that I made fun of the chief.judge of the Second Circuit Robert.Katzman saying that you know he looks.like he likes little boys you know these.are my sarcasm you know I thought after.what I've been through all these years.it's pretty tame compared to what.they've done to me that denied me.justice they've taken away my Liberty.taking away my livelihood they've hurt.my family my wife my ex-wife so you know.at the end of.day I do not apologize for any of it I.think that I'm a pretty tame compared to.what they've done to me for sport and.incredibly nobody had any issues nobody.said a word to me about you know being.held in a maximum-security prison for.four months for free speech and then.subsequently what they did to me after.that they put me in for 10 months for.helping a young man with legal work.nobody seems to have a problem with that.but they have a problem with my language.or something so anyway you know to each.his own I don't expect to please.everybody I'm just here to really kind.of do my thing I'm not a public figure.it's up to people they want to dedicate.their time whether they want to listen.to what I have to share or or not I'm.appreciative of feedback I really am.whether it's negative or positive you.know it's I don't have to agree with it.I and I don't think anybody could.understand the perspective that I'm.coming from as a matter of fact the.reason I'm doing this is that I don't.want you to understand the perspective.that I'm coming from so after I did that.Judicial Conduct and Disability Act of.1980 tutorial I'd actually had found out.that the courts the Third Circuit.appellate court denied my claim for.Federal Tort claim in Bivens action.against federal employees what happened.to me was when I was unlawfully.imprisoned at Fort Dix in 2012 I was.shooting baskets on an outside.basketball court I came back I was.confronted by a guard he wants to know.where I got the basketball I told my.exchange it for my ID he brought me into.the lieutenant's office where they they.beat the out of me and assaulted me.for for no reason.since that day September August 31st.2012.I have sought the administrative.remedies process I did not defend myself.I could have but I allowed them to.handcuff me and beat the out of me.because I figured if I if I struck back.that things could be much worse they.could you know.hurt me very very badly or which they.did anyway but they could actually.killed me so it happens in present from.time to time but so I decided to not not.fight back and so lieutenant Joseph.Anderson and the four guards the cowards.who who do this from time to time I've.gotten away with it and not only they.gotten away with it but they were given.first-class representation the.Department of Justice provided assistant.US attorney and tailor in New Jersey.that's her thing that's what she does.she protects other bad actors in.government from being sued protects US.government outside the Constitution and.incredibly the courts also protect bad.behavior as well so we're going to go.through all this in a minute but in my.specific case it did survive at 12:00 be.a real motion to dismiss early on in the.case that is a case that the courts.determine is there a lawful statute or.right to bring the case where relief.could be granted it was deemed yes there.is and then post discovery the courts.are not supposed to make what's called.credibility determination so that's the.province for a jury in this case Robert.Kugler did just that he made credibility.determinations somehow some way without.any evidence he decided that the the the.assault on me was a use of de minimis.force and not an Eighth Amendment.violation and so he thought that it was.perfectly lawful well you know if I went.inside his court beat the out of.him to a de minimis point I don't think.he'll he'll think it's a lawful assault.but that's the kind of stuff that we.have to deal with here in the United.States of America and so I'm here to.present you know kind of what I went.through and actually what the laws are.and actually what what actually happens.so these Third Circuit held judge.Googlers decision they came up with.their own reasons they never mentioned.de minimis force at all didn't even.mention it in there and they came up.with their own reasoning called.responding in superior which we'll talk.about a little bit later it really was.just a justification to deny a lawful.and basically block-and-tackle so that.people like you and I don't see the the.the Jerry and and that's what goes on so.you have the law and then you have what.these people do outside the law so what.I did was I contacted about a hundred or.so a Supreme Court law clinics you know.some of them at like Harvard or Yale or.Stanford to ask for assistance on how to.write a writ of certiorari to the.Supreme Court I didn't know how to do it.and so they didn't help me I reached out.to a number of large firms their pro.bono departments they didn't help me I.reached out to a number of attorneys who.were former Supreme Court law clerks.they didn't help me so at the end of the.day I wrote it myself and submitted it.it in all probability it will be denied.it's probably less than two percent.probably one percent chance of even.being chosen for review but I as I.always do I try to pursue administrative.remedies process to the end and nobody.could ever say that I haven't lawfully.pursued that Avenue and we'll see what.happens so at the end of the day I just.want to say that I am NOT nor I could.ever be what's considered a moderate.voice I you know just exclusively what.I've been through what's been taken from.me that's just not my thing I don't.expect people to understand my.perspective I just hope that you can.appreciate partially what I've been.through and and what I've learned and.and that I'm willing to share with you.in the hopes that you your loved ones.don't go through when I when I went.through and so I continued to to.lawfully try to pursue justice and.legally through First Amendment even.though it's been denied to me and I've.been put in prison I continue to reach.out and and kind of raise my profile and.speak about these things to to some.degree to moderate level but I'll never.be that these organizations in and.around Washington DC which I will talk.about at another time how they just you.know give themselves job security.like in a soirée or a little TT meeting.the this stuff when you're talking about.the loss of livelihood and your loss of.Liberty and your freedoms and the.destruction of your life for me.personally and for her lots of millions.of people that have also affected like.me it's not a moderate debate so let's.get down to it to to the Federal Tort.Claims Act I do have some experience as.I've told you I've done I've pursued the.one now that's in to the Supreme Court.on the one against the assault and.battery case of constitutional violation.of an Eighth Amendment claim and a.Bivens action against lieutenant.Anderson and the four john doe's as my.legal right to be able to do that I've.done I've done a couple of these before.I've sued Loretta Lynch and some US.Marshals for violating my constitutional.rights.I've also sued financial regulators the.NFA CFTC FINRA etc and both of these.were thrown out in court as I told you.before for Federal Rules of Civil.Procedure rule 12 B failure to state a.claim to which which relief can be.granted and what I will disclose and be.honest with is that I really didn't know.what I was doing how to format a Federal.Tort Claims charge to the courts and how.the law works and how you have to.construct the case and and know exactly.what what you can charge and how you can.hold accountable bad actors in in.government so unfortunately although I.did pursue it on my own as pro se it was.rightfully throwing out they were not.claims to which relief could be granted.the way that I wrote them and so I.learned a lot through that process so.here he is er the Federal Tort Claims.Act it permits private parties to sue.the United States in a federal court for.most torts committed by persons act on.behalf of the United States historically.citizens have not been able to sue their.state a doctrine refers to as absolute.immunity or sovereign immunity the.Federal Tort Claims Act constitutes a.limited waiver of sovereign immunity so.as we'll see that they open up a small.window where you can hold accountable.people or agencies within the federal.government to a certain degree.most intentional torts are exempted from.that except if you're a law enforcement.or considered a law enforcement officer.which is called the law enforcement.proviso we'll talk about that in a.second so basically that that's the.statute there that was started in 1946.prior to that you cannot sue the US.government so the reason that it led to.that was in 1945 there was a b25 crash.and Air Force officer in a dense fog in.New York crashed into the Empire State.Building killing numerous innocent.people who were just there to to work.and at that point the federal government.actually did offer some money and.monetary damage Awards to certain.families some accepted some didn't some.pursued a way remedy through the courts.were denied and so in 1946 they did.passed the Federal Tort Claims Act and.they made it retroactive to include the.families that were affected during this.prior to that the laws were pretty much.constructed as like a monarchy that you.cannot sue the king unless the King.allowed you to sue them so here again is.the Federal Tort Claims Act here the.United States is liable in the in the.same manner to to the same extent as a.private individual under like.circumstances so what that means is that.under under certain laws and liability.claims you can hold an individual or an.agency liable you could sue them in.federal court and what will happen is.that there'll be a substitution the.United States will take over as like it.was an individual who actually violated.the law federal courts have jurisdiction.over such claims but also apply the law.of the state so what this means is that.you have to have a constitutional right.that's violated making it a federal.court jurisdiction problem or issue and.it's got to be done under the color of.state law so you need to you need to.know that you've your rights have been.violated under federal law and it was.also done under the color of state law.as well so as it says here both federal.and state law may impose limitations on.liability.the FTC exempts among other things.claims based upon the performance or.failure to perform a discretionary.function or duty that's very very.important clause there it's a.discretionary function of duty that does.not accept it does it exempts liability.the FTC the Federal Tort Claims Act also.exempts a number of intentional torts.we'll talk about that in a second the.FTC does not exempt intentional torts.committed by investigative law.enforcement officers so we're going to.talk about that in a second so those in.those six intentional torts that are.exempted from normal government.employees is assault battery false.imprisonment false arrest malicious.prosecution and abuse of process so the.law enforcement proviso is as it says.here special rules apply to law.enforcement officers under the FTCA a.law enforcement officer is an officer.the United States who's empowered by law.to execute searches seized evidence or.make arrests for violations of federal.law in the beginning what the the.government did was try to defend cases.where in the process that original case.in nineteen forty we'll talk about that.in a second in Bivens cases were only.officers involved in that specific area.making arrest doing searches and.seizures and so that has now been.expanded to.one of the one of the landmark Supreme.Court decisions is in Millbrook where.it's it's actually just the status of.being a law enforcement officer so a.prison guard that allowed me is a prison.you know in lieutenant Joseph Anderson.he's not doing any searches to seizures.he's not really making an arrest I'm.already inside.so his status he is technically called a.lawn law enforcement official under.Millbrook and that his status as a law.enforcement officer allows him to be.liable under the Federal Tort Claims Act.without doing a search or seizure and.making arrests so the exemptions for law.enforcement officials is libel slander.misrepresentation deceit and.interference with contraction all right.so they are they are exempted from those.those claims they are and protected but.you should know that you know most of.you don't go to court but in every.single day across this land somewhere.there's an assistant US attorney or some.pro enforcement lobbying group working.with Congress to dilute your.constitutional rights for their own.benefit every day which is which is.shocking so I I would you know advise.you all you know if you're interested if.you're listening this obviously you're.interested to go into a federal court.try to pick out a case that is involving.a topic like that watch the discussions.they're very rare they don't really.happen it's really usually done on.submissions but if you can you know.watch an assistant US attorney argue how.to bend the Constitution to their favor.for their own benefit to get convictions.and dilute all of our constitutional.rights it's really disturbing to watch.so the process to where you you.something happened.you have slipped in a post office you.want federal property and something.happened to you or like myself you were.on federal property and.an agency or an officer intentionally.violated your constitutional right this.is this is the process where you have to.abide by so that you do not go to you.know submit a court directly to federal.court and the judge dismisses it under.Rule 12 B motion as as not compliant.with the exhaustion of administrative.remedies and so the first thing you have.to do is you have to file a standard.form 95 and you'll have to declare the.damages and the injuries that you.suffered the monetary amount that you're.requesting and and all the specifics of.the incident and you have to submit that.to the agency in my case I had to submit.that to the Bureau of Prisons and what I.could tell you after doing a lot of.research over the years and talking to a.lot of people I can tell you that.probably near a hundred percent of.claims are denied they try to frustrate.you some things are not dated some.things aren't signed some things are not.on time and they just frustrate you in.to try and into given up.so once the it submissions you have two.years from the incident to file the.claim and then the the agency has six.months to respond so they'll during that.six months they'll probably tend to try.to frustrate you into giving up and more.times they're not there they're probably.not even going to answer on the date of.this you know after the six months.without without them answering you can.submit your claim to federal federal.court.so to talking about going back to the.Millbrook case in 1971 there was a case.in Brooklyn and involved believed DEA or.FBI agents they unlawfully did a search.and seizure violating somebody's a.Fourth Amendment right and and so the.the courts found that under this Bivens.vs6 unknowing agents this was the case.to actually hold individual federal.officers accountable and this is this is.what you could refer to in your.pleadings and this is the case that will.allow you to hold accountable.individuals not just the agencies and.and a substitute the United States.government as well when they did pass it.in 1971 the there was some dissents in.it Chief Justice burger dissented that.decision was legislating an area that.should be left to Congress so his.concern was that it wasn't clear and.that Congress should basically formalize.it and make it make it clear a law so.that the the courts could rule on it and.justice black agreed with justice burger.but he was worried about the growing.docket which it did had some effect for.a number of years up until the prison.Litigation Reform Act of 1996 under Bill.Clinton that changed to all the rights.for petitions by prisoners which was a.good percentage of submissions into the.federal courts so one of the areas one.of the areas and as I told you before.about the Third Circuit appellate court.they denied my claim they didn't mention.de minimis force but they used a they.used a claim of respondents superior and.so respondeat superior is Latin term.means let the met let the master answer.it's a doctrine that a party is.responsible for.for liability of Acts of their of their.agents so you see this in a lot of a lot.of areas right so it dates back to.ancient Rome in a master/slave.relationship where somebody's trying to.hold accountable the master for the.slaves actions we we do it here in.regulatory cases it's not prosecuted.again it's it's you know Congress after.something happens tries to address.something they they initiate a law and.then it's not prosecuted anyway.sarbanes-oxley as a family want you know.is a famous one you very really see.sarbanes-oxley cases it's under it's.also underneath the regulatory framework.it's also underneath what's called the.control person statute that the US.financial regulators use in civil cases.in criminal cases obviously it's a.conspiracy in the United States federal.court system is is there and all it's.their way as you could see now from the.Mueller investigation it's the way to.pick away that's the small peripheral.people in order to build cases up to the.to the top getting people to charge them.in a conspiracy and then and get them to.rat out the person above them hopefully.you know to get to the top it was.initiated on the back of racketeering or.Rico in for mafia cases John Gotti.obviously getting off numerous times and.so it's one of those things where the.Congress reacts to certain things that.are going on and has unintended.consequences for a lot a lot of people.after that it stays on the laws and.there's only one John Gotti but there's.millions of other people who you know.some more little guys that get caught up.in conspiracy drug cases and that's the.majority of federal cases cartels and so.they're really Swift to attack and try.to address other areas but when they.want to hold themselves accountable.they're not so fast to do it and as.you'll see the courts are not and.they're not they're not even going to.abide by the the letter of the law.either so the government in the courts.use of a famous case back from 2001.asked rs4 s Croft versus Iqbal it was in.a respondent superior motion to the.court in his complaint and this guy.Iqbal was I think he was a Pakistani guy.or Saudi Arabia guy he was just.basically arrested and just brought into.a basically a wide net of people in and.around after 9/11 and he didn't do.anything he just was just tied up and so.he was he was beaten up at MDC in.Brooklyn which I've spent some time in.in a special unit he was denied and.rights and he was made fun of and.obviously it was a critical time in US.history I'm actually twice Survivor.World Trade Center attacks I was there.on 9/11 and building one I lost 23.friends so I understand the time and the.anger of it but you know the law is the.law and as you could see from 2001 to.2009 he you know he went through all.this stuff and he didn't violate really.any laws he just happened to be the.wrong color or the wrong nationality at.the time and so his him or his lawyers.try to sue John Ashcroft who was the.Attorney General at the time and others.you know superiors and the and so the.argument was is the respondent superior.thing where you know it's it's not so.much the MDC guards who were just you.know idiots just beating the guy up and.doing their little fun games because.they're miserable or the FBI agents or.DEA or ice or whoever whoever it is it's.really the policy determined by these.people in Washington DC that should be.held accountable and as you can imagine.the court said no no not so not so quick.well hold corporate people on paper.accountable will definitely hold little.small little gangs accountable the.Bloods and the Crips and what-have-you.but when we want to hold real people who.are hurting really millions of people.not so fast.we're not going to do that there was a.new case there I forgot to write it down.but there's a new case in Indiana where.two Indiana police officers pulling.pulling woman over at the middle of.night and raping and sodomizing them and.thankfully the Indiana Supreme Court.decided to to hold them accountable.under respondent a respondent Superior.Clause so let's hope the United States.Supreme Court will continue to back them.up as well so one of the things so at.the end of the day I mean really you you.want to you want to redress and you you.want to go to the courts and you want to.hold accountable bad people that's the.whole idea of Congress Congress did.their part they passed the Federal Tort.Claims Act to hold you know everybody.accountable everybody be accountable for.their actions and that's really the idea.what you're seeing here and when I'm why.I'm here today is that and why I did the.Judicial Conduct and disability.complaint of 1980 is that regardless of.law you have judges that are not.complying with the law and if you don't.have that then then it's a farce so I.know it in my cases in my research I can.see just blatant denial of meritorious.claims some severe medical cases that.are being denied I understand that the.courts want to disengage they want to.remove the the docket and the caseload.but they have no right to that's another.area that Congress needs to address they.have no right to violate the.Constitution and violate the law.deliberately on their own and.block-and-tackle so that people don't.get to see a jury and so on the civil.cases as you can see here and this is.the recent one in 2018 released by the.the Bureau of Justice Statistics in that.in the total number of civil cases in.2018 about 290.and you can see on the very far right.there.the percentage reaching trial is less.than 1% that's pretty shocking you know.I don't know about you but if we are.indeed but we're not a democracy let's.not kid ourselves but the smaller and.smaller we get away from the citizens.that I thought that's a constitutional.right that we have in the seventh.amendment allows us to have a jury jury.trial in a civil cases so anything.that's over twenty dollars or whatever.is written there and so you have again.judges you know federal judge is just.just outright blatantly denying.constitutional rights and so I don't.want anybody to think and that's the.reason I'm doing that doing this is that.you think that you have these rights if.not for me going through twenty two.years of both on the criminal and the.civil side that's the reason that I'm.here today to show you that you know you.don't have the rights you think you do.you might have it on paper you may be.able to hire lawyers to do it for you.and not like me was how to research and.do pro se all these years but you know.you give away a lot of money you think.you have all these rights and and then.they're just abrogated by federal judges.I like to say you know what are what are.the who are these federal judges you.know they're they're basically scumbag.lawyers who slap on a black robe but.disguise themselves at end of the day.they're just scumbag lawyers and and and.I could prove you know I mean thousands.thousands of cases that these guys are.just deliberately violating the law and.nobody says anything you know about it.you know just like in my case where you.know people will criticize me for using.bad language or making fun of a federal.judge but won't say anything about me.being in prison to taking my Liberty.away my livelihood away so you know I.think it's cowardice that's my opinion.that's what I've been through.organizations in Washington DC people I.have gone through.I understand there's there's a.powerlessness to it that we there's not.much people can do they have their jobs.they have their families and they just.hope and pray they don't get it affected.like somebody like me you look at me and.had the rights way and you say well.people think to see oh well he must have.did something to have all that attention.from the.no I I didn't I didn't do anything wrong.I didn't hurt anybody.I haven't alleged to still a penny I.haven't heard another human being I had.no right to have this done to me and so.you know I you know I've done what I can.do I continued to do it and you know.that's that's all I can do so you know I.appreciate you taking the time to to.view this second tutorial you know what.can you do you know it's not down to me.I could just tell you what I've done.what I've suffered the liberties that.I've lost you know as I said at the end.in the Judicial Conduct and disability.tutorial you know I can only present to.you what I've done and what what I've.suffered and my family suffered you know.you know I kidded around about taking up.arms but at the end of the day of these.people don't want to change if they.don't want to vote change if the.judicial whole judicial branch wants to.be corrupt and the legislative branch.doesn't want to do anything but fight.over Trump and Muller and and and.Democrats versus Republicans and not.give a about its people you know.it's really it's just a matter of time.before it comes it just comes crashing.down to an end I mean right now we're.living off of debt we have 22 trillion.dollars of debt and we're compounding.that trillion dollars a year at some.point that's going to come to an end and.then all these services all the courts.and and that is gonna is gonna start to.be viewed on a little bit more.importantly and people I don't want.people to say at that point whatever how.many years that is say oh my god I.didn't know anything about this I'm.telling you now that it's corrupt it's.corrupt from the core these people are.corrupt and it needs to be changed.so you know again you can you know reach.out to me you know you can email me or.call me that my information is is on my.website and if you have any questions I.hope it's been informative again I thank.you for your time and consideration and.viewing this and I hope that you will.subscribe to the channel as I bring more.tutorials along informative information.hopefully and you share it with your.friends and family and on social media.as well thank you very much for for.coming and I'll see you next time bye.

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Printable Tort Form 95 FAQs

Here you can gather explainations to the most FAQs about Printable Tort Form 95 . If you have specific confusions, pick 'Contact Us' at the top of the page.

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Is it acceptable to have the i-95 and 6059B forms pre-filled out when traveling?

I think it is perfectly acceptable, if that is your choice. I can see no potential issues. Practically speak, it just takes a few minutes and you're sitting on the plane with nothing to do. I don't consider it a big deal one way or the other. Your choice.

Do military members have to pay any fee for leave or fiancee forms?

First off there are no fees for leaves or requests for leave in any branch of the United States military. Second there is no such thing as a fiancée form in the U.S. military. There is however a form for applying for a fiancée visa (K-1 Visa)that is available from the Immigration and Customs Service (Fiancé(e) Visas ) which would be processed by the U.S. State Department at a U.S. Consulate or Embassy overseas. However these fiancée visas are for foreigners wishing to enter the United States for the purpose of marriage and are valid for 90 days. They have nothing to do with the military and are Continue Reading

How can I fill out Google's intern host matching form to optimize my chances of receiving a match?

I was selected for a summer internship 2016. I tried to be very open while filling the preference form: I choose many products as my favorite products and I said I'm open about the team I want to join. I even was very open in the location and start date to get host matching interviews (I negotiated the start date in the interview until both me and my host were happy.) You could ask your recruiter to review your form (there are very cool and could help you a lot since they have a bigger experience). Do a search on the potential team. Before the interviews, try to find smart question that you are Continue Reading

How do I fill out the form of DU CIC? I couldn't find the link to fill out the form.

Just register on the admission portal and during registration you will get an option for the entrance based course. Just register there. There is no separate form for DU CIC.

How do you know if you need to fill out a 1099 form?

It can also be that he used the wrong form and will still be deducting taxes as he should be. Using the wrong form and doing the right thing isnt exactly a federal offense

How can I make it easier for users to fill out a form on mobile apps?

Make it fast. Ask them as few questions as possible (don't collect unnecessary information) and pre-populate as many fields as possible. Don't ask offputting questions where the respondent might have to enter sensitive personal information. If some users see you collecting sensitive information, they might not be ready to share that with you yet based on what you are offering, and they will think twice about completing the form.

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