Nicole Beale, wife of imprisoned free-traveling Christopher Fiedler in Paris, Tenn., gets a nuzzle from her cat as she marks her calendar. City officials have put her husband into the jail without probable cause, and say he is there on “no bond” through Christmas. (Photo Nicole Beale)

This notice given to Christopher Fiedler to show up in court is legally insufficient because it doesn’t say which court. Sessions? City? Circuit? Chancery? U.S. district? He sat and waited in sessions court Nov. 18, as requested, and is arrested Nov. 19 for “FTA,” short for “failure to appear.”

Christopher Fiedler and his wife of 14 years, Nicole Beale, are in the driveway of their house in Paris, Tenn., with his 150cc scooter on which he claims absolute right to communicate by movement from Point A to Point B. (Photo Chris Fiedler)

Christopher Fiedler is being held illegally in Henry County, Tenn., jail against the law and against his constitutionally guaranteed rights.

Three major wrongs have been done him by officials in the county west of Nashville, and he must demand the court — any court, perhaps that of Judge Bruce Griffey where he was supposed to have shown up Nov. 18 — to compel the sheriff of Henry County and the Paris police chief, Ricky Watson, to order him to show cause immediately or release him right now under a writ of habeas corpus, a powerful extraordinary writ. 

• (a) It is the duty of the court or judge to act upon such applications instanter.

• (b) A wrongful and willful refusal to grant the writ, when properly applied for, is a misdemeanor in office, besides subjecting the judge to damages at the suit of the party aggrieved.

Power of the writ of habeas corpus

So says state law. Mr. Fiedler must demand release immediately on the following grounds.

1. Lack of notice. He should attach an exact copy of a document he was given by a sessions court official at an earlier hearing. A clerk wrote his name on top. It marks November, it marks the 18th. It marks the year. It says, “unless otherwise noted, court begins at 9:00 a.m.” But the document nowhere says which court.  No clerk told him which court when he was in the vicinity, and did not tell him to check circuit court, though they knew he was on the docket. At the hearing he can swear that he showed up in sessions court Nov. 18 at 9 AM as directed, even though he was not sure why he was being “ordered” to appear, nor what authority was behind the order. His wife, Nicole, says he told her he spoke to a clerk, who can testify he was there. He sat in the gallery much of the morning.He is illegally held in the jail without having been given proper notice. This is wrong. This is illegal.
2.  The “NO BOND” order is illegal and unconstitutional  We have a bill of rights in article 1 of the Tennessee constitution, section 15, “That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or the presumption great. And the privilege of the writ of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion, the General Assembly shall declare the public safety requires it. Section 16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
3. Mr. Fiedler, who lost his job cooking at McDonald’s because police siezed two scooters privately used, put the police department under Tennessee transportation administrative notice about the motor vehicle laws that shows his rights to free travel and movement under the Tennessee constitution, which right is recognized by the privilege statutes at Tenn. Code Ann. § Title 65, chapter 15, carriers, and § Title 55, motor and other vehicles.The city’s officer Ramos arrested Mr. Fiedler knowing that he doesn’t have any power to stop Mr. Fiedler and keep the scooters the city took from him. Mr. Ramos arrested Mr. Fiedler knowing about his rights — thanks to administrative notice — and his lack of authority, if not personally than by legal imputation.

Mr. Fiedler is accused under an indictment, Mrs. Beale says, for “driving on suspended.” It is  cruel and unusual punishment to put an innocent man into the jail without a trial, and punish him for exercising his rights. He has an absolute right to bail as he is not charged “for a capital offence.” 

The law for habeas corpus is at Tenn. Code Ann. § 29-21-101 et seq.

• (a) Any person imprisoned or restrained of liberty, under any pretense whatsoever, except in cases specified in subsection (b) and in cases specified in § 29-21-102, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment and restraint.
• The writ may be granted by any judge of the circuit or criminal courts, or by any chancellor in cases of equitable cognizance.  Sect. 103
• Whenever any court or judge, authorized to grant this writ, has evidence, from a judicial proceeding, that any person within the jurisdiction of such court or officer is illegally imprisoned or restrained of liberty, it is the duty of such court or judge to issue, or cause to be issued, the writ as aforementioned, although no application be made therefor. Sect. 104
• The application should be made to the court or judge most convenient in point of distance to the applicant, unless a sufficient reason be given in the petition for not applying to such court or judge. Sect. 105

These three wrongs are dead wrong, and Henry County is under legal jeopardy, its taxpayers and ratepayers under legal liability for oppressive acts. Mr. Fiedler deserves to be released immediately without any bail. He has shown up for every hearing, according to our information, has local connections and history as evidence for meeting claims upon his time and presence by showing up in court amid harassment and oppression.

Turn $500,000 suit into F$5 million verdict

In the public interest I’ve drafted Tennessee administrative notice to put sheriff’s departments, police departments, county commissions and city councils on awares about limits in state law upon the operation of privilege. Driving a motor vehicle is a privilege under law.

But because the white legal political establishment intentionally misleads officers in training, Tennesseans live under an effective bill of attainder. They live under an arrest-on-sight regime in which arrest = guilt. No officer ever obtains the essential elements of the crime, and hardly ever files a legally sufficient criminal complaint.

That means the pretended authority of a cop to arrest any private user of the road on the spot without warrant or without probable cause of a crime having been committed. Lt. Ramos’ treatment of Mr. Fiedler fits the marching orders statewide under official oppression and misconduct like that of Paris, Tenn., and Henry  County.

To protect the taxpaying public from high-class litigation, people put their local governments “on administrative notice” as I have in Eastern Tennessee. My suggestion: Tell your local police chief to go get a TTAN, and spare yourself and your taxpaying neighbors and townspeople the cost imposed upon them when your city or county is sued for police violence and abuse.

Notice download link

Pages 1-3 of 20pp memo protecting taxpayers