This happened on Wed March 8, 2005 around 9:25 to 9:35 am, at the McDonalds on Broadway Road just east of Priest Drive which is at 1325 W Broadway Rd , Tempe.
I went to McDonalds and got a coke and read the newspaper in the early morning.
The prior day I had food poisoning and because of that I was very weak so I laid down on the grass outside of McDonalds to rest. Despite the fact that I know the people at that McDonalds and come there a lot I suspect they complained to the police that I was sleeping on their grass, even though there were not any signs saying ďno trespassingĒ, or perhaps Tempe cop J Doran saw me and decided to harass me because I look like a homeless person.
Because I was feeling sick I may have wrote down the time wrong or gotten the cops name wrong but in either case the time and name are close to the real time and real name.
In the past I always refused to give any information to the police including my name and always took the Fifth when talking to the police. This makes cops very angry and they almost always violate my civil rights because of it.
But when the cop asked me for my birth date I had every right to take the Fifth and refuse to give it to him.
When J Doran or J Doron asked me for my birth data and I refused.
First he said something like "you have a wallet". I didnít write down what I said but I probably said I donít have ID because I donít carry ID with me. Thatís to get around this problem of a police officer stealing my wallet to find my ID.
Next J Doran or J Doron told me he would arrest me if I didnít give him my birth date. I consider that a violation of my Fifth Amendment Civil right. Because he is threatening me with the physical violence of arresting me for requesting that he honor my constitutional right to remain silent and refuse to answer his question about my date of birth.
Normally when the police illegally violate my civil rights like this I lead them on and let them continue to violate my right. But in this case I had stuff to do latter on in the day and didnít want to get arrested so I told him that I had sued Tempe over this issue before. I didnít tell him but that was when I sued Tempe Police Officers James Jandreau & Sgt. Robert Mitchell in Federal Court for Title 42 Section 1983 civil rights violations. Telling a cop that you know how to file civil rights lawsuits in the Federal Court systems usually gets their attention real quick and they stop violating your civil rights once they think you know how to defend yourself.
He asked my how much I won and I said nothing. But he immediately dropped the subject of arresting me for refusing to give him my date of birth.
Then he was very rude and said something like "get the fuck off of McDonalds and if ever came back he would arrest me and I would end up giving him my birth date.
I then left.
This is the 2nd food poisoning incident I had in a while. I was resting there because yesterday I got food poisoning yesterday. When I took the bus home last night I puked up on the 45 bus (pretzels). And then when I got on the 92 bus I also puked up several times (liquids). I didnít puke up at all on the 66 bus, but I was too sick to go home. In the morning when I woke up I went to McDonalds and got a $1 coke and read the paper because I was feeling too sick to eat.