Judge Robert S. Lasnik

 UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON AT SEATTLE

 

ROGER W. KNIGHT,                                    )

                                                                        )

                                    plaintiff,                        )           No.  C02-879L

            v.                                                         )

                                                                        )           DECLARATION BY

CITY OF MERCER ISLAND, ALAN            )           ROGER W. KNIGHT

MERKLE, Mayor of Mercer Island, RON       )           IN SUPPORT OF PLAINTIFF’S

ELSON, Chief of Mercer Island Police,            )           MOTION FOR SUMMARY JUDGMENT

LONDI K. LINDELL, Mercer Island City       )

Attorney, WAYNE STEWART, Assistant        )

Mercer Island City Attorney, FRED                  )

STEPHENS, Director of Department of            )

Licensing, DENNIS BRADDOCK, Secretary )

of Department of Social and Health Services,   )

GARY LOCKE, Governor of Washington,       )

and SUPERIOR TOWING, a corporation        )

doing business in the State of Washington,         )

                                                                        )

                                    defendants.                   )

____________________________________)

 

            I ROGER W. KNIGHT, declare that:

            On the evening of January 21, 2002 I drove west on South East 27th Street on Mercer Island, Washington.  A Mercer Island Police cruiser drove behind me and turned on his flashing blue lights.  I pulled over around the 7600 block.  Officer Robert D. Delashmutt greeted me and asked to see my license, registration, and proof of insurance.  He told me that he pulled me over because my brake lights were not working.  I handed him my driver’s license and the envelope I believe contained the vehicle registration and proof of insurance.  He looked through the envelope and found the vehicle registration but told me he could not find the proof of insurance.  After a fruitless search by myself through my glove compartment for the proof of insurance, he went back to his cruiser for about half an hour.

            When he returned he told me that my license was suspended for child support.  He wrote the citation notices that are attached as part of Exhibit F to my first Declaration of Roger W. Knight that I filed with the Complaint.  He did not order my car impounded nor did he perform any search of my car.  He told me that I may park it in the angle parking spaces in front of the strip mall at 7605 South East 27th Street.  Under his watchful eye, I parked my car at that location.

            Between January 21, 2002 and February 2, 2002 I inspected the electrical wiring under my dashboard.  I determined that the brake light switch was no longer functioning.  I purchased new brake light switch made for General Motors cars of the mid 1960’s for about $5.00.  I installed it into my automobile and tested the brake lights.  They worked as they should.  To the best of my knowledge the brake lights on my car have been functional since.

            I obtained replacement proof of insurance and placed it into the envelope in my glove compartment.  I also used it to obtain dismissal of the infraction charge of driving without insurance in King County District Court, Bellevue Division.

            On the evening of February 2, 2002, I drove out of the Albertson’s parking lot at 2755 77th Avenue South East, Mercer Island, Washington turning right onto South East 29th Street.  From South East 29th I turned right onto 76th Avenue South East to head north.  It so happens Del Parker operates a small coin business in the upstairs of the building at 7605 South East 27th Street.  I used to visit him regularly, therefore, I knew the neighborhood.  A car pulled up behind me on 76th Avenue South East and turned on flashing blue lights.  I pulled over and parked at a location that I knew from previous experience to be a legal and safe parking space.  It is located about 100 feet from where Officer Delashmutt allowed me to park about two weeks before.

            The police cruiser parked behind me blocking a driveway into 7605 South East 27th Street.  Officer Brian Noel greeted me and asked to see my license, vehicle registration, and proof of insurance.  This time I was able to produce all three documents.  Officer Noel then informed me that he ran my license plates while my car was in the Albertson’s parking lot and was told my license was suspended.  Apparently old cars without fresh paint jobs look out of place on “Poverty Rock”.  He asked if I was stopped two weeks before.  This time he arrested me and placed me in handcuffs and into the back of his cruiser.

            While I was in the cruiser, I watched Officer Noel and another officer conduct a search of the passenger compartment of my car.  They found two sacks of food that I purchased at the Albertson’s.  They did not find anything else, at least not for which a crime could be charged.

            The officers told me that they are going to have to impound the car.  I asked them why, the car was legally parked.  The car functions, didn’t you see that I fixed the brake lights?  The brake lights were fine, but since it was the second time I was caught driving on Mercer Island with a suspended license, they were going to have to impound it.

            After I was released from custody later that evening, the police returned to me the two sacks of food they found in the car.

            The next day, I paid Superior Towing $205.74 to recover my automobile.

            I consider the damages for the loss of my automobile for one day and the denial of due process to be worth $50.00.

            On June 1, 2002, it was a sunny and warm day.  I walked across the Interstate 90 bridge to Mercer Island and visited the scene of the “crime.”  In the daylight I can see that along the east side of 76th Avenue South East there is one legally available parking space that is not blocking the driveway into 7605 South East 27th Street.  A car parked there will be more than thirty feet from the intersection of 76th Avenue South East and South East 27th Street.  There are no signs informing of any parking restrictions.

            Looking toward the building at 7605 South East 27th Street I saw a sign on a post in front of a parking space that reads: “RESERVED FOR DEL PARKER”.  I saw his car parked there.

            I currently lack wealth sufficient to pay the child support arrears of over $60,000 and to make the current monthly payments of $851.76 without employment.

            I certify under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Dated this 5th day of June, 2002, in Seattle, Washington, respectfully submitted and certified,

 

                                                            ____________________________________

                                                                        Roger W. Knight, pro se

If the back button does not take you there, click Home to go to the Index page of this Antipeonage Act Website, click Enemies for the main Enemies page, click Letters for the Letters page, and click Allies for the Allies page.  Click C02-879L to get to the main page for this case.  Or you can use the Antipeonage Act Site Map.