Were my rights violated by the Military?

[daparo]

I have several questions to the scenerio outlined below:

First, Due I have a case?
Next, What is the statute of limitations?
Lastly, If I do have a case and I am within the statute limitations how can I pursue a lawsuit against the Government?

Please only an attorney or expert in these matters respond. Thank you in advance.

This happened in Aug of 2002, and have a lot of documents relating to this incident.

At the time I was a contractor protected under the Status Of Forces Agreement for the United States Department of Defense assigned to Kadena Air Base in Okinawa, Japan.
I think my rights were violated by the U.S. Air Force's Security Forces acting with no regard for the Posse Comitatus Act. I was living in an apartment on the local economy of Chatan Cho, Okinawa, Japan not on a military installation. I was civilian, not military; therefore the Uniform Code of Military Justice did not apply. I was evicted due to a conflict between my housing agency manager and I, the eviction was a civil matter. My housing agency locked me out of my apartment with no warning. I contacted Kadena Air Base's 18th Security Forces' Law Enforcement Desk for assistance in getting my cat out. The desk sergeant stated that it was a civil matter and they could in no way assist me, he recommended I go to the Japanese police station and see if they can assist. I went to the Japanese police station, and they also stated it was a civil matter and refused to assist.

Later, that evening the housing office manager called my cell phone and asked me to meet her at the apartment later that evening to get my cat. I arrived about 10 minutes before the time she arranged. The manager was already there and informed me she would not open the apartment until the police arrived to ensure I didn't remove any of my property except the cat. Approximately 15mins later a US Air Force Security Policeman (on duty) and one of the 18th Security Forces' Civilian Guard Interpreters showed up. The manager spoke to them for a minute. The Security Policeman handed me an eviction notice and stated he would escort me into the apartment to get my cat and that was all I was allowed to do. He escorted me in, I got the cat and he followed me out. He then stood between me and the door until it was re-secured by the housing agency manner.

Incidentally, I ended up losing all my possessions 2 weeks later. I have documents that prove the reasons given in the eviction letter were false, but could not afford a Japanese attorney at the time, and the base could only give me a list of local attorney’s because it was a civil matter and everything occurred off of military property.

[BelizeBreeze]

The answer to all of your concerns is no, you have no case.

I suggest you read the SOFA again. And this time, try to understand it.

[daparo]

BelizeBreeze, what qualifies you to answer this. Thank you.

[BelizeBreeze]

Originally Posted by daparo

BelizeBreeze, what qualifies you to answer this. Thank you.

What qualifies you to ask this?

[daparo]

that you are not qualified to answer my legal advice question. I assumed that an attorney or someone knowledgeable would respond. What do I want for free?

[BelizeBreeze]

You can assume anything you want, but before making an ass of yourself, I suggest you read The Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters (20 U.S.T. 1361; 658 U.N.T.S. 163, T.I.A.S. No. 6638; 28 U.S.C.A. (Appendix following Rule 4 FRCvP); 16 Int''l Legal Materials (I.L.M.) 1339 (1977);DeJames v. Magnificence Carriers, Inc., 654 F.2d 280 (3d Cir. 1981), [cert. den., 454 U.S. 1085]; Porsche v. Superior Court, [123 Cal. App. 3d 755,] 177 Cal. Rptr. 155 (1981);or (Rule 4(f)(2)(C)(i) FRCvP) of the above convention.

That should keep you busy and out of my hair for awhile and MIGHT tell you something about me

[daparo]

All that proves is you can do an internet search... But you still avoided my question. Thank you for your advice, however, at this point it seems all you are out to do is try and get an online argument going rather than do any good. I do not need your input any longer thank you.

[BelizeBreeze]

Originally Posted by daparo

All that proves is you can do an internet search... But you still avoided my question. Thank you for your advice, however, at this point it seems all you are out to do is try and get an online argument going rather than do any good. I do not need your input any longer thank you.

Doesn't pertain to what you wrote? How stupid are you?

The Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters spells out the procedures required by each of the signatory countries in serving civil summonses.

Guess who are signatories in your little drama?

No wonder you have a problem. You have your head stuck up your ass.

[stephenk]

what have you done since being evicted in 2002 to get your possessions or their value? if nothing was done, why have you waited 3 years?

[BelizeBreeze]

Probably he's been visiting legal forums wanting to find an excuse to blame the U.S. Military

[daparo]

You are so wrong; I fully support and respect the military and their families. Both my wife and I are veterans. I have no animosity towards the military. All I want is reimbursement for my valuables which the US Government wrongly assisted a Japanese company in seizing. Before you ask or assume; no, I do not have a grudge or hate the Japanese either. I lived there for 8 years as a civilian because the Japanese (save a select few) truly are wonderful people.

I came to the forum looking for an answer whether or not I have a case. Isn't that what free advice forums are about. The articles you refer to state if a foreign national living in a country in which he is not a citizen can have civil actions taken against him while abroad or after departure and who has jurisdiction.

I am talking about the US Military serving civil papers and enforcing those papers on foreign soil to a US citizen while off of US Government property. In accordance with the Posse Commitatus Act, which states that the US Military cannot enforce civil law, they cannot. As for the SOFA, it is the US and Japan agreement that applies to my case. Nowhere does it say that the US Military can serve or assist in a civil action against a US Civilian in Japan off of military property. For the US Military there, it is different because they still fall under the UCMJ, which did and does not apply to me being civilian.

[BelizeBreeze]

Originally Posted by daparo

I came to the forum looking for an answer whether or not I have a case. Isn't that what free advice forums are about. The articles you refer to state if a foreign national living in a country in which he is not a citizen can have civil actions taken against him while abroad or after departure and who has jurisdiction.

then you did not read the treaty at all.

I am talking about the US Military serving civil papers and enforcing those papers on foreign soil to a US citizen while off of US Government property. In accordance with the Posse Commitatus Act, which states that the US Military cannot enforce civil law, they cannot. As for the SOFA, it is the US and Japan agreement that applies to my case. Nowhere does it say that the US Military can serve or assist in a civil action against a US Civilian in Japan off of military property. For the US Military there, it is different because they still fall under the UCMJ, which did and does not apply to me being civilian.

And again, you did NOT read the cites I offered which would have given you the International statutory reference for the actions of the military police and provided you with your answer that it was not only perfectly legal, but mandated by International law of which the United States was an original signatory.

[john123456]

Why don't you answer Stephen's question:
what have you done since being evicted in 2002 to get your possessions or their value? if nothing was done, why have you waited 3 years?

[daparo]

I asked a question if I had a case. If the possibility exists I will gladly go into detail with an attorney. I am not going to go into great detail in the forums. Thank you for pointing out that I never even responed to Stephenk, for that I apologize to Stephenk. I really did not mean to ignore you. BelizeBreeze is trying hard to make waves here, and I got sidetracked replying to his attack on me which he said I was trying to blame the military. I am going to ignore him or her from here on out. Thanks again.

[BelizeBreeze]

Under The Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters (20 U.S.T. 1361; 658 U.N.T.S. 163, T.I.A.S. No. 6638; 28 U.S.C.A. (Appendix following Rule 4 FRCvP); 16 Int''l Legal Materials (I.L.M.) 1339 (1977);DeJames v. Magnificence Carriers, Inc., 654 F.2d 280 (3d Cir. 1981), [cert. den., 454 U.S. 1085]; Porsche v. Superior Court, [123 Cal. App. 3d 755,] 177 Cal. Rptr. 155 (1981);or (Rule 4(f)(2)(C)(i) FRCvP) the U.S. Embassy has the responsibility to serve legal process between foreign nationals and host country residents.

The Military police have been tasked, by the U.S. Ambassador, to carry out such legal service. they did nothing inproper nor illegal.

The fact that you waited three years to retrieve or try to retrieve your belongings speaks volumns. You have absolutely no recourse against the Military nor the U.S. Ambassador NOR the Hague Convention.

And you STILL HAVE NOT answered Stephen's questions.