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Jul 17

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Updated: Judge Orders Peaceful Man Stunned

In July 2014, Judge Robert C. Nalley robbed a man of his rights by having him stunned for speaking out of turn. The update by the Associated Press reveals that this is not the first time the Judge lost his cool in the court. In fact he went as far as letting the air out of the tires of a car in his parking spot. He was allowed to keep his position as a judge after that though.

Jessica Gresko of the Associated Press reports:

GREENBELT, Md. (AP) — A former Maryland judge who ordered a defendant to be physically shocked in his courtroom was sentenced Thursday to participate in anger-management classes and pay a $5,000 fine.

Robert C. Nalley of La Plata, Maryland, will also have to spend a year on probation. Nalley, 72, pleaded guilty earlier this year to a civil rights violation for ordering a deputy to activate a “stun-cuff” that a defendant appearing before him was wearing around his ankle. The defendant, who was acting as his own lawyer, was before Nalley in July 2014 for jury selection and had failed to listen to Nalley’s orders to stop speaking.

She said Nalley “very quickly grew impatient” and that his use of the stun-cuff was “highly disproportionate” for “nothing more than verbal interruptions.”

“Our constitution does not allow a violation of rights based on annoyance,” she said.

Nalley acknowledged as part of a plea deal “that the use of the stun cuff was objectively unreasonable under the circumstances,” and both prosecutors and Nalley’s lawyer agreed to recommend a sentence of one year on probation.

“To say that I’m chagrinned to be standing here is an understatement,” Nalley said in a brief statement in federal court in Greenbelt on Thursday.

Nalley, who was a judge in Charles County from 1988 to September 2014, did not apologize in court but did say he had made an “error in judgment.” Nalley’s ability to hear cases was rescinded several months after the incident.

Judge William Connelly, who oversaw Nalley’s case, said in court that a year of probation was an appropriate sentence in part because of Nalley’s age and the fact he can no longer hear cases.

Also in court Thursday was the defendant Nalley ordered shocked, Saamir Jhaled Khaleel Kingali, who at the time he was before Nalley was charged with unlawful possession of a firearm. Kingali, 27, who is also referred to in court records as Delvon King, called Nalley’s actions “torture” and a “very dehumanizing experience” and walked out of the courtroom before Nalley was sentenced.

“There was no justice here today,” he said after the hearing, adding that he doesn’t believe Nalley is sorry for his actions.

Nalley’s lawyer, Robert Bonsib, noted in a court filing ahead of Thursday’s hearing that Kingali had a history of disruptive courtroom behavior, including previously running out of the courthouse. He said Nalley had been warned of Kingali’s disruptive behavior already on the day of the incident. And before Nalley ordered Kingali to stop speaking the two had also struggled over the name Kingali should be called in court. Bonsib also said Nalley had never been trained on the use of the stun-cuff.

This is not the first time Nalley has been a defendant. In 2010, he pleaded guilty to tampering with a vehicle after he deflated the tire of a cleaning woman’s car that was parked in a restricted zone at the courthouse. As a result, he was fined, had to write a letter of apology and was suspended for five days without pay.

That was the last the public heard from anyone involved for a while. The Judge quietly payed his fine and left the public eye. The defendant in the case went to jail for a short time after pleading guilty to possession of a firearm (the original reason he was in front of the judge).

That was until 3/6/17 when Mr. King filed a civil rights lawsuit against the Judge. The suit is quoted "Mr. King presented no danger to Defendant Nalley or others present in the courtroom, made no aggressive movements or threatening statements, and posed no threat to himself, Defendant Nalley, or anyone in the courtroom,". The suit, which seeks more than $5 million in damages, says King, "still suffers from panic attacks and severe anxiety."

The full civil rights suit can be read as it was filed HERE

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Severin Freeman has been involved in activism for several years. He believes that all people should be treated totally equal and that no one has a higher claim to us or our freedom, than ourselves. He has played a role in the founding and growth of many activist groups across the Lehigh Valley area. His mission has become to expose those that would threaten our freedom and natural liberties.
  • Drew Dask

    I hope and wish that King gets his pound of flesh and monetary benefits that are due him by the state and county. Further more there has to be changes in the way courts administer justice.