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Order of Protection Granted Against Rapper/Activist Over Facebook
Judge Phyllis Gardner was granted a Temporary Order of Protection against P. Moses over alleged Political Facebook Post.
By: New York
On September 8th, 2014, Judge Gardner sought a Temporary Order of Protection against Moses for alleged statements “Do Not Re-Elect Judge Phyllis Gardner” made on Facebook on July 8th, 2014. Magistrate Michael Cross granted the civil temporary order of Protection two months later and assigned the case to a criminal division primarily utilized for petitioners with Domestic Abuse issues. Moses was served the Order of Protection on September 9th, 2014, shortly after Judge Bill Anderson recused himself in a separate matter involving a false arrest. Anderson requested that the Court of Administrations send a special judge from another county to adjudicate all legal matters concerning Moses in the interest of impartiality and fairness.
Retired Criminal Court Judge L.T. Lafferty extended the Temporary Order of Protection on October 10th, 2014. Moses appeared unrepresented by counsel, and because of various conflicts of interest, Moses filed a written motion for the recusal of the retired judge. Moses, known for her dedicated involvement in the Democratic Party’s campaigns since the age of 12, was asked by the retired judge, "Was she the Moses from Jackson?” Upon sudden recollection of Respondent’s activism throughout the Tennessee community, Judge L.T. Lafferty smiled and agreed also to recuse himself. Judge Lafferty said that he had previous encounters with both Gardner and Moses and concurred a recusal was only appropriate. He also stated that the “Court of Administrations wasn’t going to like it, but he could not and would not hear the case." Magistrate Rhonda Harris on September 23rd, 2014 recused herself from hearing the case as well. Moses states, “this is just another attempt and distraction orchestrated by the county attorney’s office and the unethical judge to discredit me and my efforts."
Moses recently filed a $7,000,000.00 federal lawsuit against the county and Judge Gardner for falsely imprisoning her on February 19th, 2014. Moses argues Judge Gardner’s affidavit fails to state a claim for which relief can be granted. According to Moses, "it is full of blatant lies and I intend to prove Gardner is a liar in open court and hope that criminal charges of official misconduct are sought against any participants who help with this witch-hunt. This is abuse of power; Cross underhandedly approved an exparte order of protection. He worked in the prosecutor’s office with Gardner for years, prior to her ever becoming a judge. I’m glad Rhonda Harris didn’t go for the okey doke like others. God is good, and the truth will set me free.”
Moses declares that the alleged Facebook post do not threaten bodily harm and does not advocate any illegal activities. Moses maintains she is only guilty of fighting injustices in Memphis and campaigning against Gardner in the August election, and that the First Amendment of the United States Constitution protects every allegation that Gardner deems to be proof of stalking. Moses declares she will go all the way to the Supreme Court to achieve justice and exercise her freedom of speech. “Facebook is a multi-billion dollar social media platform and if she doesn’t like what she sees on Facebook then she should not go on Facebook - - better yet she should not violate people’s constitutional rights. As far as I’m concerned, she can take it up with the State of California, because that is where jurisdiction lies in this matter. Gardner apparently didn't read the disclaimer.”
Judge L.T. Lafferty offered to appoint Moses an attorney, but Moses stated she did not trust any attorneys in Memphis. She feels they would not represent her best interest because of local politics and fear of retaliation. “It’
Moses has since filed a Notice of Removal which moves the case to Federal Court. She also filed a motion to dismiss the case for lack of subject matter jurisdiction. The Tennessee Court of Administration has yet to assign another judge to hear this matter. This case highlights the legal challenges facing courts all over the U. S. with civil order and free expression in the online world. Moses seeks to unveil the continual improprieties of Judge Gardner which has led to over 30 years of corruption in the city of Memphis. She encourages all supporters to sign her petition at www.change.org/
All media are invited to attend the open court hearing November 21st, 2014.
Page Updated Last on: Nov 11, 2014