Navajo Civil Rights Violations
Summary
Joe Arviso Jr. Alleges that his civil rights were violated by the Navajo Nation Police Department and Internal Affairs. He claims that his rights under the Indian Civil Rights Act of 1968 were violated, including protection from unreasonable invasion of homes and protection against unfair or discriminatory acts of Federal and State Officials. He has evidence to support his claims, including camera footage and witness statements. He has reported these incidents to the Navajo Nation Department of Justice and the Navajo Nation Human Rights Commission, but has not received a satisfactory response. He is seeking compensatory damages, emotional distress settlement, and punitive damages totaling $50,000.Full Conversation
My civil rights have been violated by Navajo nation police department and the Navajo nation internal affairs
What specific civil rights do you believe were violated, Joe?
Navajo civil rights #*, #*, #*, #*. * Indian bill of rights, Indian civil rights act of *, Deprivation of rights: section * of title *. Trespassed by NNPD, Ambushed by NNPD, Harassed by NNPD And victim of abuse of power
Can you provide more details about the incidents where you believe your rights were violated?
Without Probable cause or warrant NNPD FORCIBLY ENTERED property. NNPD and Internal Affairs say because of past Charges they are allowed to do what they do to me. I Do Not own land that is under my name. Internal Affairs says my complaint is confidential and can't release status of my case. Officer Billy in shiprock NNPD told me to leave without giving me an next appointment and said I have No Rights.
Can you provide any evidence or witnesses to these incidents? This could be crucial in building your case.
Yes, I have camera footage of Forcible Entry. I have paper I wrote in front of Officer Billy where she told me to leave with No next visit and complaint copies to NN Internal Affairs with recording of conversation. My wife wrote statements of what she witnessed.
What is the exact location of the incidents? This will help in understanding the jurisdiction and applicable laws.
In Huerfano,N.M, * miles South of Hilltop Speedway gas station on hwy.* between mile marker * and *. */* mile west of cr#* on allowed land and at the Navajo Nation Police Department in Shiprock N.M
Have you reported these incidents to any other authority apart from the Navajo Nation Police Department and Internal Affairs?
Yes the NN DOJ whom Sgt. Curley referred me to go. Found out he did not submit paper for review like he told me he did and at DOJ office was told they are Police Department attorneys then sent me to the NN Human Rights commission office where I did go and got complaint forms to fill out.
What is the current status of your complaint with the NN Human Rights Commission?
I have not submitted the paperwork yet. I just picked up the form on July *, *
What is the nature of the past charges that the NNPD and Internal Affairs are referring to?
The past Charges are Criminal Sexual Penetration that I no longer have Parole or Probation just report every 3 months for verification I'm in compliance which I have been. Been doing this for 15 years and NOT ONCE have I had an incident like this
What actions have you taken since the incident and have you consulted with a lawyer?
Besides Trying to talk to Officer Billy, The Internal Affairs, got paperwork from NN Human Rights Commission, thinking about Pro Bono lawyer Navajo nation President and the Lawyers. no lawyer except You.
What specific actions are you hoping to achieve with your case?
That my Rights are protected. Compensation for the mental anguish and stress wife and I gone through. Travel and time spent for assistance in case. NNPD and Internal Affairs be investigated for corruption and demotion or fired of position
What specific compensation are you seeking for the mental anguish and stress you and your wife have gone through?
Compensatory damages. Emotional distress settlement of max amount I can have and Punitive Damages
What is the total amount of compensatory damages, emotional distress settlement, and punitive damages you are seeking?
$*,* and Officer involved highly reprimanded
What is the name of the officer who you believe violated your rights?
Officers- Chasity Billy, ? Benally(Female), Marvin Curley, Eric Francisco and Mike Anderson
What specific actions did these officers take that you believe violated your rights?
No. I was still answering questions when my phone stopped working
What specific incidents led to the violation of your civil rights? This will help us understand your situation better.
Being ambushed, told I have No Rights because of my past Charges. Telling me I don't own my Property that is under my name. Been retaliated against by Officer Billy for questioning her the probable cause for entry and yelled at me to leave without next date for update visit. Went to NN Internal Affairs and they claim action was justified and case was closed until I ask for where I Appeal this decision to which Officer Francisco said he will take it to Higher Boss Mike Anderson to review it. Ambushed by NNPD. Telling me my case was Confidential and won't give me copies of findings. Wife and I told them what stress they inflicted on Us with No Disregard. Officer Curley has agreed it was wrong and then goes silent. Telling me papers have been filed in NN DOJ for review and when asking DOJ they have no such paperwork.
What evidence do you have to support your claims against the officers and the department?
I have camera footage of Forcible Entry. I have witness with statements. I signed in at NN Internal Affairs to show I went to them. I have statements given to Internal Affairs. Wife has doctor documentations.
What specific rights under the Indian Civil Rights Act of * do you believe were violated in your case?
Protection from unreasonable invasion of homes to confront any adverse witnesses, rights protect person's against unfair or discriminatory acts of Federal and State Officials.
What steps have you taken so far to address these violations and what has been the response from the relevant authorities?
I called Officer Billy to ask for reason for ambush then told I'll call you back and No call. Had Internal Affairs come to home to investigate. Spoke with Officer Fransisco and told Higher Boss Mike Anderson reviewing case. That case was closed until I asked where I Appeal the decision with moment of silence then Francisco said- he will give it to Anderson to review to which I get No response on Status. Went to Internal Affairs office spoke to Curley. Sent to NN DOJ an told they represent the Officers and sent me to Human rights commission where I picked up form to fill out
What is the current status of your appeal with the Human Rights Commission?
I just pick up forms haven't filed it out to give back to human rights office
What specific information are you seeking assistance with in filling out the forms for the Human Rights Commission?
Not sure. I need to speak to lawyer about case
What is your location? This will help me provide you with contact details of the nearest legal aid office or lawyer referral service.
Huerfano,N.M near Bloomfield N.M
What specific incidents led to the violation of your civil rights?
Ambushed by NNPD. My Privacy. Telling me I No Rights because of my Charges. I don't own property that is under my name. Retaliation by Officer Billy. Internal Affairs turned a blind eye
What evidence do you have to support your claims against the officers and the department?
I have camera footage. Written statement of witness (wife) signed visitation log at internal affairs, human right office. Paper written in front of what Officer Billy said to me at appointment
What specific rights under the Indian Civil Rights Act of * do you believe were violated in this incident?
I already wrote all this
Protect person's against unfair or discriminatory acts of Federal and State Officials. Protection from invasion of homes to confront any adverse witnesses
What actions have you taken since our last conversation to address these violations?
I haven't. I lost connection with you during our last conversation on this
What is the current status of your case with the Navajo Nation Police Department and Internal Affairs?
Nothing, I get no response
Have you considered filing a complaint with the U.S. Department of Justice Civil Rights Division? They handle cases of police misconduct.
If you mean the NN DOJ I did go to Office and was told they represent the Officers
Have you considered filing a complaint with the U.S. Department of Justice's Civil Rights Division, which is separate from the Navajo Nation Department of Justice?
I did not know. How do I get a hold of them?
I did not know about them. How do I get a hold of them
I didn't know about them
You can contact the U.S. Department of Justice's Civil Rights Division at (*) *-* or through their website at www.justice.gov/crt.
Okay. Thank you for your help
You're welcome! If you need further assistance, feel free to ask.