Felarca Ordered to Pay $20,000 to Judicial Watch

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The sources below may or may not be honest/accurate. I certainly do not take their word for it. In fact, I post some things to demonstrate how dishonest/inaccurate they are.

This is not an exhaustive collection on this subject but it will be added to and updated as much as possible. 

2019-04-12 Felarca Ordered to Pay 20,000 to Judicial Watch.png

At least one of the sources I use for this piece (Berkeleyside) is very biased in favor of Antifa, BAMN, etc. and so, even more than usual, I am not claiming that what I report here is true. But because it would be tedious to say “according to reports” before every little statement let me say this once and for all about this whole piece;

According to reports…

Yvette Felarca of BAMN infamy has been ordered by a judge to pay Judicial Watch $20,000 to help pay for their legal fees. Here’s a collection of our videos about BAMN/Felarca.

sanders, Driver and Felarca

Here we see Felarca (real name: Yvonne Capistrano Felarca) teacher at Martin Luther King Jr. Middle School and the main face and voice and often fist of BAMN (left) and 2 of the 3 BAMN founders and leaders the elusive Leland Sanders (middle) and Felarca’s attorney Shanta Driver (left).  Felarca teaches children at a middle school named after a great man who preached non-violence in seeking real justice and spearheads a group that takes it’s name from the pro-violent phrase touted by the pro-violent Malcolm X.

21765097_10106192018906333_3912052660895852628_n.jpg Judicial Watch are best known from their efforts to get those Hillary Clinton’s emails released. They sought over $326,000 but the judge in this case declined. They filed a records request in 2017 to get the Berkeley Unified School District to release all emails among the staff at the school where Felarca teaches children, Martin Luther King Jr. Middle School, that mention her activism and/or BAMN according to Berkeleside or “documents that included her name or references to Antifa and By All Means Necessary, or BAMN” according to the Daily Californian. Notice that the Daily Californian writes “By All Means Necessary” and not “By Any Means Necessary” which is what BAMN stands for. I don’t know if this is a mistake by the Daily Californian and not by Judicial Watch.

52abdcd85cbab310f7b667467698c5b17d2439395f4439cdd42cb9c37292398d - Copy.jpgHere is the release, according to Berkeleyside, which run 148 pages and which are heavily redacted by someone (perhaps the very biased Berkeleyside). You can see the whole thing by seeing the written version of this video and I will try to do a video summarizing the release in the future.

Judicial Watch filed to have the BUSD (Berkeley Unified School District) to release the documents and, Berkeleyside reports,

Felarca and King colleagues Lori Nixon and Larry Stefl, in turn, sued BUSD in late 2017 to stop the district from handing over the emails. Their lawyers, from By Any Means Necessary, argued that the release of any of the records would chill Felarca’s freedom of speech and threaten the safety and privacy of her colleagues.

A court order issued on April 10th, which you can read in full by clicking this link here, it states that only in exceptional circumstances should attorney’s fees be awarded against “civil rights plaintiffs”. The order continues;

This is an exceptional circumstance: Judicial Watch is entitled to attorney’s fees because the plaintiffs’ lawsuit was frivolous, and their litigation conduct was unreasonable… 
…To start, a significant portion of the documents the plaintiffs initially sued to protect from disclosure had been publicly disclosed months earlier in another suit brought by Ms. Felarca against BUSD, where she was represented by the same counsel…
…The plaintiffs, therefore, had no reasonable argument to protect those documents from disclosure. The plaintiffs then dragged their feet in producing a privilege log identifying the documents they sought to protect from disclosure and the reasons why non-disclosure was warranted. Consequently, the Court was forced to order the parties to meet and confer at the courthouse for several days to produce that log… …There was no reasonable basis for this dilatory conduct by the plaintiffs.
Moreover, the plaintiffs’ First Amendment claims were premised on the obviously
baseless assumption that the First Amendment condemns the “alt-right” while condoning the ideological missions of their own organizations. The plaintiffs also mischaracterized the documents under review… …And they failed to grapple with the role Ms. Felarca played in making herself a topic of public discourse through her physical conduct at public rallies and her voluntary appearance on Fox News.

I’d like to say here that her appearance on Fox News was hilarious and seemed more like a comedy skit; a parody than anything else. Here’s a taste. But I digress.

…Judicial Watch requests $317,850 in attorney’s fees, but there are several reasons why the award should be lower…  …First, Judicial Watch did not properly account for its role as an intervenor… …Therefore, the request should be reduced to reflect the fact that some of the arguments made by Judicial Watch were duplicative of those made by BUSD. Second, the request should be reduced to account for delays in the litigation that were the fault of BUSD rather than the plaintiffs. The request should also be discounted for the time spent making arguments that pertained to state claims, which were not decided on the merits… …Lastly, Judicial Watch’s request doesn’t account for the plaintiffs’ limited financial resources… …Accordingly, the Court awards Judicial Watch $22,000 in attorney’s fees, to be allocated among
the plaintiffs – who are not joint and severally liable – in the following way: Ms. Felarca will pay $20,000; Ms. Nixon will pay $1,000; and Mr. Stefl will pay $1,000. This allocation reflects the Court’s impression of each plaintiff’s relative responsibility for the frivolous and unreasonable conduct described above. 1…
The footnote to this part reads;
1 Had Judicial Watch moved to sanction plaintiffs’ counsel, it likely could have recovered a great deal more from them.
Berkeley side reports that Felarca’s attorney and her senior in BAMN called the judges ruling;

“politically biased” and “extraordinarily dangerous” because it will show teachers that if they try to protect their privacy, they could have to pay a fine.

“There was no way this was ever a frivolous lawsuit,” Driver said. “If the cost of being politically active and stating your political positions on non-work time…results in a right-wing troll organization being able to gain access to your email and other correspondences,” teachers will be scared to speak out, she said.

The lawyer said she believes the California Public Records Act should be amended to exempt public employees who are not in authority positions — and said this case has presented an opportunity to “get that law corrected, so it can be used for its proper purpose…not to be able to carry out a specific political witch hunt.”

The Daily Californian reports that Felarca plans to appeal this decision. Felarca’s attorney Shanta Driver said that after she appeared on Fox and other TV channels,

Felarca and her colleagues at BUSD received “disgusting” and “vitriolic” emails that threatened physical assault, among other things — some of which even threatened students.

According to Driver, this time period was “traumatizing” for Felarca and her community at the school. Driver said that allowing public access to Felarca’s emails, which are not about her job performance, but about her political activity, may cause the same backlash to happen again.

In our last video about Felarca, we reported that back in January she was ordered to stand trial on February 13th. for her assault on a man at a rally in Sacramento in 2016 which we have covered in great detail in former videos (see the link below for that).

YcxVcEdk.jpg However it seems that there have been no reports on that case since then and so I don’t know if she stood trial and where that case stands at this point. I would have to pay just to try to get information about it from the court system and I just can’t afford that. Anyone out there want to volunteer to pay and get some info on that? It;s the Sacramento Superior Court system that you want to search. If you find anything, send it to us. See the links in the description to contact us.

In the webpage version of this video I have provided a number of other reports about these cases in which Felarca is involved as well as links to the court order, the released records that Judicial Watch filed for and more.

Also see:

2019-04-11

Court orders teacher Yvette Felarca to pay Judicial Watch attorney fees” by the Daily Californian

2019-04-10

Berkeley teacher Yvette Felarca ordered to pay conservative group $20,000” by Berkeleyside

Order Re Motion for Attorney’s Fees” by United States District Court Northern District of California

Notice of Motion and 2nd Motion to Dismiss Charges Against Yvonne Felarca, for Porfirio Paz, and Michael Williams for Discriminatory Prosecution (1st and 14th Amendments)” by Superior Court of State of California

2019-02-30

Yvette Felarca’s Attorney Claims She Is Close To Accepting A Plea Deal” by Hot Air

2019-01-31

Outcry over Berkeley teacher Felarca included email from neo-Nazi group, new records show” by Berkeleyside

2019-01-28

Berkeley teacher Felarca ordered to stand trial in neo-Nazi assault case” by Berkeleyside

2018-12-19

ANTIFA LADY’S ATTORNEY CONFUSED THAT COURT ISN’T TREATING HER LIKE A WWII HERO” by the Daily Caller

2018-12-18

Video of neo-Nazi rally is central in court hearing for Berkeley teacher Felarca” by Berkeleyside

2018-12-03

GROUP FELLOW SOCIALISTS CALL ‘VIOLENT SECT’ THAT ‘DUPES MAINSTREAM’ PLAYING ROLE IN MIGRANT CARAVAN” by Daily Caller

2018-03-20

Fwd: Yvette Felarca” by Charles Burress (BUSD)

2017-10-30 

Conservative group asks Berkeley Unified for all emails referencing Yvette Felarca” by Berkeleyside

2017-10-27

Statement from Superintendent and Board President Regarding Compliance with Public Records Act Requests” by Donald Evans, Ed.D, Superintendent

2017-08-18

Fwd: [School Board] School Board Meeting, Aug. 23 – Yvette Felarca Firing” by Charles Burress (BUSD)

2017-08-16

Teacher Accused Of Punching Neo-Nazi Says Standing Up To Fascism Isn’t A Crime” by Huffington Post

2017-08-10

Berkeley Teacher Filmed Punching Neo-Nazi Arraigned In Sacramento” by KPX5 CBS

2017-07-25

‘I won’t stop’: Jailed activist blasts US crackdown on anti-Trump protesters” by the Guardian

2016-06-27

Capitol chaos: Who is behind these groups?” by ABC 10

2016-06-26

Multiple people stabbed at Sacramento white nationalist rally” by the Guardian

7 stabbed at neo-Nazi event outside Capitol in Sacramento” by the Los Angeles Times

MORE TO COME…

SUBSCRIBE TO US ON BITCHUTE BEFORE OUR YOUTUBE GETS DELETED!
My Minds
My Gab
My backup Youtube Channel Justin Fidel

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4 thoughts on “Felarca Ordered to Pay $20,000 to Judicial Watch

  1. This was helpful to me in a couple ways, thank you! I really needed this legal case precedent to enforce my own objection to a motion to dismiss with prejudice. You rock!

    Like

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