• Archived Cases
  • CIVIL Apeller et al. v. BCSO, Snowe & Night (Sparks - Tuesday, June 3 at 3pm ET)

Date Filed: 5/18/2025
Plaintiff Name(s) and Phone Number(s):
James Apeller 555-8395
Rusty Thompson 555-4831
Janne Stefanovoski- Soske-cummings 555-7770
Plaintiff Availability: NA
Attorney Name(s) and Phone Number(s):
Sam Burton 555-0463 @Sam Burton | James Argento
Attorney Availability: EU - NA
Defendant Name:
Lucy Snowe
Vira Night
BCSO
Incident Date:
4/21/2025
Date of Service:
5/15/2025 Dexter Deroche

Reason for Suit:
On 4/21/2025 deputies Lucy Snowe and Vira Night responded to a 911 call that some had pulled a knife and threatened the caller. When deputies arrived on scene they questioned both sides and reportedly, both sides agreed that Chris Axel had in fact pulled a knife on the tow drivers without being threatened. Instead of arresting the clear criminal in this situation, or exercising their discretion and leaving, the deputies decide to arrest the victims.

In the report written by these deputies they admit to knowing that the tow drivers were on public property, but still ordered them to leave. The deputies then proceeded to arrest all three of the victims for “failure to obey” even though they were in a public space. They also had the victims tow truck impounded without documenting whether or not it was even legally parked.

Evidence:

  • Investigation# 4902
  • Witness Testimony

List Damages:

  • $150,000 in Punitive damages ($50,000 per defendant for 1st amendment violations)
  • $150,000 in Punitive damages ($50,000 per defendant for 4th amendment violations)
  • $30,000 in Compensatory damages ($10,000 per defendant for lost wages)
  • $1,000 in Compensatory damages (Impound fee for the tow truck)
  • $2,000 in Compensatory damages (civil filing fee)
  • $40,000 in Compensatory damages ($5,000 lawyer fee for each client, $5,000 service fee to have the document served, and $20,000 for taking the case to court)

Civil Filing Fee Paid: State of San Andreas Judiciary Fund(10000002), +$2,000, Transfer received from Sam Burton (101002), 18 May, Apeller et al v BCSO

4 days later

After meeting with Luis Bloom of the BCSO for a settlement conference we were unable to come to a deal and are requesting the case be scheduled.

5 days later
Magistrate HC Blake Moore changed the title to Apeller et al. v. BCSO, Snowe & Night (Sparks - Tuesday, June 3 at 1pm ET) .

Witness List
Lucy Snowe
Vira Night
Rusty Thompson

Submitted Evidence
Investigation #4902

My availability has suddenly drastically changed. I will not be able to attend this matter tomorrow at this time. If it can be 2-3 hours later I can preside over this matter. Otherwise, we will need to find a new judge or reschedule.

We might be able to do 2 hours later at 3pm ET, but the availability cuts off shortly after. Would @Murdoch or @Justice Yackle be interested in taking this tomorrow at 1pm ET?

Magistrate HC Blake Moore changed the title to Apeller et al. v. BCSO, Snowe & Night (Sparks - Tuesday, June 3 at 3pm ET) .

Verdict:

This matter appeared before the court on the 3rd of June 2025, around 3 PM ET. It started around 3:30. Arguments from the Defense were made well and in this capacity the Court found in-favor of the Plaintiff.

Utilizing the Qualified Immunity 2-prong test, with testimony from Deputy Snowe, and the report untouched basically since the original date, we found that Qualified Immunity for Dep. Snowe was not breached. We did find, however that BCSO was liable for the further training and consideration of charges of Mr. James Apeller and Mr. Rusty Thompson as it took a supervisor (who remain unnamed) to drop the charges at Bench Trial for this to be resolved.

Unfortunately, however, damages brought forth and claimed in-court were heavily ignored and unsubstantiated by any evidence, sans the testimony of "It was $1,000" for a tow, where we did not receive any confirmation on who proceeded to have any other vehicle towed. All compensatory damages were declined.

This court does not find that the 1st Amendment rights were violated in any capacity. This court urges counselors to consider exceptions for use of the 1st Amendment especially with the use of harassment. We are interpreters of the law, and it is a criminal charge, and there was Probable Cause to the arrest.

There was not a technical violation of the Plaintiff's 4th Amendment rights as the detention was necessary until the release of captivity due to the nature of the bench trial.

As such, This Court finds BCSO liable for nominal damages of $7,500 for each plaintiff, totaling $15,000 to be paid out by the BCSO in two weeks or less.

SO ORDERED.

Hon. Judge M. Sparks - apparent American Judge who listens to Canadian Law