when you google this arrest in news reports it says that he failed two of the three field sobriety test.. which officer Winters was the test giver and judge.. totally subjective. To challenge the jury pool as unconstitutional, a defendant must show the group is less than the expected percentage of that group by at least two standard deviations. It appears that this law was passed in response to the Chris Soles (a.k.a. Plaintiff has until July 13, 2023 to designate expert witnesses and disclose their written reports; Defendants have until September 11, 2023 to designate expert witnesses and disclose their written reports; Plaintiff has until October 11, 2023 to designate rebuttal expert witnesses and disclose their written reports. 3:17-CV-00032 | 2017-05-15, U.S. District Courts | Intellectual Property | Discovery Deadline 11/13/2023. Winters is a Knoxville native and earned an associates degree in criminal justice from Indian Hills Community College. Courts probably decided on past similar incidents just like this when previous cases did not have the benefit of police body cameras. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. 1 - Newton Personnel Complaint Form)(Witosky, Adam) (Entered: 06/01/2023), Brief in Support Brief in Support of Motion to Dismiss, Exhibit Ex. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/8/2023. 7(k) STATEMENT: Defendants' counsel shall confer with counsel for plaintiff as required pursuant to Local Rule 7(k) as to whether plaintiff consents to Defendants' Motion for Leave to Amend Answer, Affirmative Defenses, Counterclaims, and Jury Demand 17 and then file a supplement to the motion by May 22, 2023, indicating plaintiff's position. Think delivery robots, robot dog walkers, robot paper boys, etc. Almost everyone who lives in areas prone to snow seems to have a legendary snowstorm story: the blizzard of '78, the Storm of the Century, any of the blizzards or bomb cyclones that have happened since then. City of Newton, Iowa, Rob Burdess, Nathan Winters and Christopher Wing: Case Number: 4:2023cv00044: Filed: February 2, 2023: Court: US District Court for the Southern District of Iowa . Boards & Commissions. Under the old law, in order to get a temporary restricted license after an OWI revocation, a person was required to install an ignition interlock device on ALL motor vehicles owned or operated by the person. Nathan Winters and LT Wing of The Newton Police Department falsely arrest teen in Newton Iowa. Responses due by 6/14/2023. Winds SW at 5 to 10 mph.. Tonight. 505Waukegan, IL 60085, 535 Highland Ave., Ste. (Attachments: # 1 Brief in Support Brief in Support of Motion to Reconsider, or alternatively Motion to Dismiss, # 2 Exhibit Notice of Electronic Filing, # 3 Exhibit Newton Personnel Complaint Form)(Witosky, Adam) (Entered: 05/31/2023), Brief in Support Brief in Support of Motion to Reconsider, or alternatively Moti, TEXT ORDER denying without prejudice 21 Plaintiff's Motion to Reconsider, or Alternatively, Motion to Dismiss Counterclaims Under Fed. Sexual abuse committed during a burglary is classified as an aggravated offense and is a tier III sex offense. Low 61F. 16 by March 14, 2023. Filing fee paid in the amount of $ 402, receipt number BIASDC . Read More Nathan Winters's Phone Number and Email Last Update 3/17/2023 12:42 PM Email n***@newtongov.org Engage via Email Contact Number (641) ***-**** Engage via Phone Mobile Number (***) ***-**** Engage via Mobile HQ Phone (641) 792-2787 Company Newton (lcw) (Entered: 05/08/2023), MOTION for Leave to File Amended Answer, Affirmative Defenses, Counterclaims, and Jury Demand by Christopher Wing, Nathan Winters.Motions referred to Stephen B. Jackson, Jr. In this case, it seems the cops, perhaps frustrated their initial suspicion of a DUI blew up in their faces, were deternmined to find a reason to arrest the young man. manufacturing, marketing, selling, distributing, using, or possessing synthetic urine or a urine additive for the purpose of defrauding a drug or alcohol test; knowingly use the persons own urine expelled or withdrawn prior to the collection of a urine sample from the person for a drug or alcohol test for the purpose of defrauding a drug or alcohol test; and. The so-called back the blue bill is a sweeping piece of legislation that enacts many new provisions. Motions to Amend Pleadings due by 5/12/2023. See order for deadlines. The Court held it was school property for the purposes of a statute prohibiting carrying a firearm on school ground. The Bachelor) case. I blew zeros so now you're trying to think I smoke weed? Galanakis said, turning to Wing. This content is designed for general informational use only. I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Newton Mayor Mike Hansen told Newton News in a recent interview that the city is moving the lawsuit to federal court. Newton man sues police for false arrest; officers countersue for defamation. Galanakis v. City of Newton, Iowa, 4:23-cv-00044, (S.D. Monthly donors can create unlimited docket alerts. Motions to Add Parties due by 5/12/2023. HF 201 also requires that a person convicted of extortion must register as a sex offender if the court determines that the offense was sexually motivated. This executive order could be reversed in the future, as many are calling for an amendment to the Iowa Constitution to restore voting rights. The information presented should not be construed to be legal advice nor the formation of a lawyer/client relationship. Why is this public record being published online? (Attachments: #1 Final Pretrial Order Form) (jeb) (Entered: 03/21/2023), Docket(#11) SCHEDULING AND TRIAL SETTING ORDER. Whether it was two months ago or two years ago, he likely didnt answer as he didnt want anything getting back to his coach or parents. Initial Disclosures due by 3/30/2023. Your training, along with these officers training, lead to the wrong conclusion. Enjoy unlimited articles at one of our lowest prices ever. From all the comments he has read on social media, Galanakis estimates an overwhelming majority of them side with him over the police officers. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/8/2023. See order for deadlines. . Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/21/2023. NOTICE OF REMOVAL by Nathan Winters, Christopher Wing, City of Newton, Iowa, Rob Burdess from Jasper, case number LACV123038. The new law also creates a duty on behalf of a person carrying a dangerous weapon whose behavior demonstrates a reasonable suspicion of a danger to himself or others must cooperate with the investigating officer. 16 by March 14, 2023. However, hes still standing behind the police and insists everything was performed under appropriate protocol. The sobriety tests were recorded by the officers video cam. {{start_at_rate}} {{format_dollars}} {{start_price}} {{format_cents}} {{term}}, {{promotional_format_dollars}}{{promotional_price}}{{promotional_format_cents}} {{term}}, Christopher Braunschweig Kevin OFlaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. There are exceptions if the person is a parent or married to the parent of the minor. Persons seeking to produce help products in this state must register with the department of inspections, and must comply with federal laws regarding help. And the best part of all, documents in their CrowdSourced Library are FREE! 210AIndianapolis, IN 46024. Driver Blows 0.00% - Officer Nathan Winters of Newton, Iowa Police Department Still Locks Him Up. Once installed, anything you buy on PACER gets automatically added to the RECAP Archive and anything another RECAP user has bought is automatically free to you. Scheduling order to be entered. So although no criminal charges were filed against Winters, the act of a domestic abuse is implied through the order itself. The offense is a Tier III offense and the registration length is 10 years. All Rights Reserved. The new law also states that a person committing a trespass who knowingly places or uses a camera or electronic surveillance device that transmits or records images or data while the device is on the trespassed property commits an aggravated misdemeanor for first offense, and a Class D felony for a second and subsequent offense. Winters is a Knoxville native and earned an associates degree in criminal justice from Indian Hills Community College. comments sorted by Best Top New Controversial Q&A Add a Comment . (Brick, Matthew) (Entered: 03/14/2023), Proposed Scheduling Order and Discovery Plan, RESPONSE to Motion re 4 MOTION to Dismiss COUNTERCLAIMS filed by Christopher Wing, Nathan Winters. That's what's going on. Yes, two of them. Dispositive Motion Deadline 12/13/2023. Technically, a PDD is a battery-operated terrestrial device that can operate on its own but can be controlled remotely by a person. Responses due by 6/27/2023. An officer then performed multiple sobriety tests, which Galanakis passed with a 0.0 reading. Launched in 2010, the RECAP extension is a free tool for your browser that helps us collect the content you see on CourtListener. Signed by Judge Stephen H. Locher on 3/24/2023. The parties shall confer and file a proposed scheduling order and discovery plan as provided under L.R. Anything to get an arrest. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/21/2023. Our content is in no way designed to provide legal advice or create attorney-client relationships. NOTE: Effective date is May 10, 2021, not July 1, 2021. This crime does not apply to law enforcement personnel in the performance of their duties. Quick Links. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 5/18/2023. Phone: 641-791-0850. (Boles, Matthew) (Entered: 03/23/2023), (#12) ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. You're not going to win in court. Now, what if I told you the Newton police are suing this kid for defamation. Although Galanakis was not charged with a crime, he described his experience in a lengthy Facebook post and later an edited video compilation of body camera footage and his own videos that has since garnered more than $1.6 million views on YouTube; all of which serve as the basis for the city's countersuit. 2:20-CV-00203 | 2020-12-02. This is all what he has to look forward towards in life. Plaintiff Expert Witness Disclosures due by 6/13/2023. (Brick, Matthew) (Entered: 02/09/2023), ANSWER to Complaint, COUNTERCLAIM against Tayvin Galanakis by Nathan Winters, Christopher Wing. Responses due by 3/16/2023. Social Media. No response has been filed. The Newton Police Department welcomed a new officer to the force. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). High 88F. Nathan Winters was sworn in by Mayor Michael L. Hansen on March 14. Special Sentence for Sexual Abuse Committed During a Burglary. Some drugs because marijuana stays in a persons system for several weeks. (Brick, Matthew) (Entered: 02/09/2023), MOTION to Dismiss COUNTERCLAIMS by Tayvin Galanakis. Initial Disclosures due by 3/30/2023. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/21/2023. Under the pre-2021 law, sexual abuse in the second degree meant sexual abuse which involved a child under the age of 12 years of age. The city also alleges Galanakis took advantage of the publicity generated from the false and defamatory statements by using them to earn income. (jeb) (Entered: 03/08/2023), NOTICE of Appearance by Douglas A. Fulton on behalf of Rob Burdess, City of Newton, Iowa, Christopher Wing, Nathan Winters (Fulton, Douglas) (Entered: 03/14/2023), PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . Plaintiff Rebuttal Expert Witness Disclosures due by 9/13/2023. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/8/2023. Affirmative action ruling: Some Asian Americans feel like pawns of white supremacy, Woman is tired of attracting Republicans, updates her dating profile to keep them away, Too Horny and Explicit? Winters also previously claimed Galanakis smelled of alcohol. After cops found no signs of alcohol, they decided to arrest him for marijuana possession and driving under suspension. Iowa), 28:1331va Fed. The times are changing, however, in regard to bad apple police being able to fill out a slanted report in order to make the defendant look bad. I've had no weed tonight. (Witosky, Adam) (Entered: 06/13/2023), RESPONSE to Motion re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Amended Counterclaims filed by Christopher Wing, Nathan Winters. Certain people still are prohibited from possessing a firearm. Caitlin Clark Named Big Ten Female Athlete of the Year. He was charged with driving as a habitual violator. Filing fee paid in the amount of $ 402, receipt number BIASDC-5049096., filed by Nathan Winters, Christopher Wing, City of Newton, Iowa, Rob Burdess. You can't do that, man. This law adds new substances to the Schedule I opiates category and hallucinogenic substances category. Therefore, and for the reasons stated in the motion, leave is granted to Nathan Winters and Christopher Wing to file their amended pleading. When the breathalyzer showed Galanakis had a blood-alcohol level of 0.00, Winters read him his Miranda rights without showing the results of the test and asked him the last time he smoked marijuana. Quick Links. City of Newton 101 W. 4th St. S. Newton, IA 50208. This case serves as a warning to anyone driving without a license, even if no other laws are being broken, that a police officer could justifiably pull them over after running a license plate. This exclusion of e-bikes from the definition of vehicle means that the bikes should NOT subject someone to the criminal offense of operating while intoxicated. Cop got all pissy because the kid didnt count to the exact number he wanted, but kid was nervous. He hasexperience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation. JavaScript is disabled. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 5/31/2023. The proposed amendment will be on the ballot for the general election in November, 2022. Because he exposed their conduct and hurt their feelings. You're the attorney you should know these things and how to look up case laws. Just being honest of what I observed in that video. If he gets paid it's because of an insurance company wants to settle. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brick, Matthew) (Entered: 02/02/2023). The new law also allows a person other than a peace officer to openly carry a pistol or revolver in the Iowa State Capitol Building and state-owned parking lots. Blah, blah, blah. The Drug Recognition Expert, the person with the most training in this area, determined the cops were wrong, and he was not impaired. The following persons are prohibited from acquiring a pistol or revolver: Individuals under the age of 21, except for those who acquire a pistol or revolver when the persons duty requires (like a security guard or a police officer); Persons convicted of a felony in a state or federal court; Individuals prohibited by court order; and. Officer Winters conducted 731 traffic stops and arrested 38 impaired drivers in 2021. . Rule 16 Notice of Dismissal set for 5/3/2023. But dont count them out. He doesnt owe a the cop a date if last time he was smoked pot If it wasnt that night. In a lawsuit filed this week in U.S. District Court for the Southern District of Iowa, Tayvin Galanakis, 19, of Newton alleges the city and its police department are guilty of false arrest . Defendants Expert Witness Disclosures due by 8/11/2023. (#13) REPLY BRIEF IN SUPPORT OF re #4 MOTION to Dismiss COUNTERCLAIMS filed by Tayvin Galanakis. Give us your thoughts in the comments below!DISCLAIMER:TYTSports do not act as an attorney nor provide legal advice. (Entered: 03/03/2023), TEXT ORDER SETTING IN-PERSON SCHEDULING CONFERENCE: An in-person Scheduling Conference will be held March 16, 2023 at 9:00 a.m. in the United States Courthouse in Des Moines, Iowa before Magistrate Judge Stephen B. Jackson, Jr. Raridon & Associates Orthopedics, Inc. v. Schmidt, Collier v. Boggs Properties, L.L.C. The court may require a substance abuse evaluation and treatment upon conviction. I just watched the video and the cop was out of line once the kid was showing he could pass the field tests. Filing fee paid in the amount of $ 402, receipt number BIASDC-5049096., filed by Nathan Winters, Christopher Wing, City of Newton, Iowa, Rob Burdess. The Newton Police Department is a full-service law enforcement agency consisting of 27 sworn police officers and 5 civilian staff members who proudly serve a population of over 15,250 residents in a 25 square mile area along Interstate 80. Attorney Doug Fulton appeared for defendants. The new law states that if a person commits first degree burglary in which the person performs or participates in a sex act which constitutes sexual abuse, the person shall also be sentenced to life in prison with eligibility for parole. Why was he driving with his high beams?He insisted his one of his headlights had a broken bulb. As reported by the Newton Daily News, 19-year-old Tayvin Galanakis was pulled over by Newton police early Aug. 28, allegedly for having his car's high-beam headlights on in town. Despite Galanakis continually telling officers he had not been drinking alcohol and would take a breathalyzer test to prove it, Winters told him his slow response and inability to find his registration, his slurred speech, his bloodshot watery eyes and infractions in his field tests gave police probable cause. The suit alleges that shortly after midnight on August 28 . Then Galanakis, upon request, was granted a breath test which recorded a 0.00 result according to the lawsuit. Final Pretrial Conference set for 4/25/2024 11:30 a.m. in Des Moines Courthouse Room 265 before Judge Stephen H. Locher. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/21/2023. Galanakis alleges that shortly after midnight on Aug. 28, 2022, he was pulled over by Newton Police Officer Nathan Winters and Lt. Christopher Wing after he drove past their patrol car without dimming his headlights for oncoming traffic. You cant do that, man.