In civil litigation, a motion to dismiss (12b6 motion) challenges whether a complaint states a valid claim, but the court only examines if the complaint connects facts to legal elements without weighing evidence; the burden of proof in civil cases is 'preponderance of the evidence' (more likely than not), which is significantly lower than the 'beyond reasonable doubt' standard in criminal cases, making civil cases easier to prove.
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Judge Denies Request For Daejhanae’s CivilSuit To Be Dismissed In The Shanquella Robinson Case.Hinzugefügt:
Shank lock is the way of the future.
>> [music] [music] [music] >> The diagrams that I have up, where did this [music] go wrong?
>> Remember we didn't know this happened to her.
>> Around 3:00 that morning, um >> [music] >> I got random text messages and it was just pictures of her and another little girl. I thought [music] it was strange.
>> [laughter] [laughter] >> Go. Say man, what's up, man? It's your boy Charleston White, man. This is my first movie ever, uh a million dollar what?
>> Million dollar thing, million dollar thing.
>> Million dollar thing, man. So I'm with my man, the producer Shank, man. So uh he finna show me what to do, how to put it down, man, so we can pick some up. So y'all stay tuned in and locked in, baby.
Yeah.
>> Let's talk about some of these beefs.
>> Let's do it. Let's do it. That's what I That's what I love. That's what I love.
Let's get to it.
>> Now, I Look, I'mma save her for last.
Or, should I start off with Raro Rilla first?
>> Her? You said her?
That's a her to you?
Man, man, that [ __ ] look like a security guard at a musical.
>> I want to welcome everybody to this demonstration.
Have you seen this?
Judge denies request for Deja Nae's civil suit to be dismissed in the Shanquella Robinson case. Salute to the chat. Salute to the replay gang. Salute to our our moderators.
God is good. God is good. Let me hear the chat and the replay gang say, "God is good. God is good."
Um I want to thank everybody for their prayers. And I want to thank everybody that continuously uh put forth uh effort and put forth a fight in this justice for Shanquella Robinson.
So, the judge denied it. Now, you know that I was actually there. I was in the court hearing. And at the time, you know, you you you you you you you you you you you I And I came before you all and and I was a little weary.
And and things just didn't seem like they were going in Shanquella's favor, but as I always say you never know how God is going to handle a situation.
And we've been taught this, and I do believe it is as real as it get. How many of y'all remember the um picture back in the days. Remember that post the footprints and the um and the footprints the individual was talking to God and said, "Why am I most trouble-less times I only notice one set of footprints. Why did you leave me in my most troublesome time?"
And the Lord responded and said, "I didn't leave you in your troublesome time.
When you only saw the one set of footprints, those were my footprints.
That's when I was carrying you."
So um I'm I'm I'm just so happy that the judge decided to deny the request for it to get dismissed.
Now, I'm going to go to a legal expert.
All right. I'm going to go to a legal expert and let the legal expert break the case down.
And then I'll come back before you all and give my commentary as well as take some comments from the chat. I see everybody in the chat. Just give me a few minutes to come down there and entertain. All right, let's go to the legal expert.
>> request to be removed from a wrongful death lawsuit. So, this case is now tied to the 2022 death of Shanquella Rob wrongful death lawsuit.
So, this case is now tied to the 2022 death of Shanquella Robinson, a Charlotte woman who died while vacationing in Mexico.
So, her death made international headlines after disturbing video showed Robinson being assaulted while on that trip. Her family later filed a lawsuit against the six people Robinson traveled with. So, one of the group members who has now since changed her name attempted to get the lawsuit dismissed. Records now show that request was denied. That's the latest in this case. Let's talk about it now with Chief Legal Analyst Collyer Rhodes. Collyer, so when you look at this, a name change first of all, it's in records with her old name and her new name denied Amani Green's request to dismiss be dismissed from this lawsuit. Kind of where does this stand and what does this say about this case?
>> Most lawsuits that are filed, this is the normal process. You file a complaint, the other side's going to file an answer and attached to the answer is going to be a motion to dismiss. Um so, that that's typical lawyering, exactly what you want to have. This When you file a motion to dismiss, specifically a 12b6 motion, this is saying that they have failed to state a claim which relief can be sought. And the court is not actually weighing the evidence. It's not trying to determine who's telling the truth.
They're only saying, "Hey, inside of your complaint, in the four corners of this document, have you drafted this complaint in a way that connects with the law? And is it a complaint where we can give you some type of No? They're going to dismiss the complaint. If the answer is yes, then ultimately the court will deny it and the case will continue to go forward.
But most cases die at this moment. They uh sit at this motion for 12 B 6 dismissals stage and the >> Now, let me just say this before he breaks it down, but as you can hear, he said most cases most cases die right here. Most defendants do end up getting the case dismissed.
And that's why I said when I was in the courtroom and just the way how the judge you know, um and I'm not going to revisit cuz I'm a you know, let the blessing continue to be a blessing, but in my opinion, the way how the judge was leaning more towards a strong possibility of dismissing the lawsuit. So, but according to him, most of these cases do get dismissed and the defendant end up winning. But let's let the legal expert give us more insight on why most of these cases end at this stage. Let me backtrack.
>> They sit at this motion for 12 B 6 dismissal stage stage and defendants defendants are successful in getting them dismissed because alleging >> Let me backtrack again. My bad, y'all.
My bad. I don't know why she's skipping on me so much. Let me Let me backtrack.
>> because alleging and being able to state that something occurred and being able to connect fact facts and the law to things or something to fully do.
>> All right, I'm going to go back back to the >> Well, let me slide in. Now, you know, now I can say it.
You know, but I do understand that, you know, the news reporter and she might not really know the case like we all know the case. But, I know why she changed the name and everybody that knows this case know why she changed why she changed the name. She changed her name for this particular reason.
You know, so whenever uh there's time for her attorneys to file any motions, for this particular reason she could say, "Well, I didn't receive the notification or I didn't receive the summons in a a a mannerly timely manner." This is what the attorney was arguing in the courtroom. So, this is why This is one of the reasons why she changed her name.
So, she could elude. So, she could try to escape all legal um all legal um Y'all know the word I'm looking for, but that's the reason one of the reasons why she changed her name. I can promise y'all that.
We all know she don't want nothing to do with the name Deja Nay Jackson because that is a evil and a monster name along with the individual. But, changing your name is not going to change who you are.
Imani Green is the same as Deja Nay Jackson. Let me grab this real quick.
Excuse me, Shank. I'm working, but for clarity, she tried to change her name and that was denied. No, she actually changed her name.
She changed her name from Deja Nay Jackson to Imani Green. That went through. What was denied She tried to get the civil suit thrown out. So, she wouldn't be held accountable. She wouldn't be held liable in the civil suit. That's when I went on, I believe it was May the 13th, when I went to court.
But, the judge denied it.
So, what that means is that her, along with the other Cabo six, they will have to face that civil lawsuit. Now, Deja Nae will have to face hers right here in Mecklenburg County.
>> My thing is I know that 2 + 2 = 4. So, if you try and change your name, does that then take away your charges in any way? Or how I mean, how just so people can understand, you change your name Yeah.
>> But, you outside of the court of actual court, but in the court of opinion, you're trying to make sure that you can live your life and not deal with the the secondary consequences that for being connected to a civil case involving a wrongful death.
You're not talking about um a a criminal complaint.
They went through this and recognize that there was enough enough But, have connected to or not remove the charges. The charges will still be I should say the complaint will still be connected to you.
>> Yeah, so serious. So, >> And let me just clear it up. Appreciate this, mouthpiece. She changed her name so she could try to escape legal prosecution. Appreciate you. I see you, lady. I see you. Shout out to Baltimore, Cherry Hill, South Baltimore. She outsmarted herself. If she didn't change her name, she might have gotten off.
Exactly, you know. Exactly. Okay, thank you. I meant so she can escape prosecution. She altered everybody antennas when tried to change her name and smart girl. I mean that's facts.
Appreciate this super chat. Uh appreciate the super sticker Trigger Talk TV. And make sure my moderators, if I got some moderators down there, can y'all drop Trigger Talk's link?
Excuse me, y'all. And make sure everybody subscribes to Trigger Talk TV.
Appreciate that super sticker, Trigger Talk. Y'all my children in my head. Love you both. Okay. I see you Leslie.
All right. Move back to the legal advice.
>> Now that she is now remaining as a defendant, uh what are the next major steps in this case?
Is it working for you or is it >> it's the discovery process takes a long time. I tell folks this all the time. Litigation is expensive. So I'm going through litigation, discovery is the key. Interrogatories, depositions, and so if you actually get to a hearing, to a trial, both plaintiffs and defendants, be prepared to go to trial. You can't go through the discovery process. So it'll be a lot more serious, more in a lot of discussion, a lot more written responses to questions, and then ultimately that will come together and say, "We'll settle make it work." Or our waiting or our waiting and waiting and waiting.
>> All right. This is a civil case. This is only So the difference is for needs to be specifically. And you know, what is what needs to be proven?
>> Well, the standard in a criminal case is a reasonable doubt, right?
The standard in a civil case is preponderance of the evidence. So you're talking about two different standards.
Now both of them are high higher standards, but they're not as high the the civil standard is nowhere near as high as a criminal case. And so that is proof case beyond a reasonable is extremely hard. You have to get everyone on that same page to be able to agree that there's not even a doubt, I should say a reasonable doubt that this occurred or didn't occur. But preponderance of the evidence is significantly lower. But again, that's if it gets to jury trial, um which I I if I'm looking at this and I'm having a crystal ball, I doubt that this one goes to a jury trial.
>> All right, Carl Froch show your hand, right?
>> Now, let me slide in, y'all.
Now, let me just say this, y'all. I need to give a big shout out to Sue Ann Robinson. If you're watching, Sue Ann Robinson, I really want to thank you.
You know, I don't have nothing nothing wrong to say about Sue Ann Robinson.
I've been able to see the work that Sue Ann Robinson has put in.
So, can I get everybody to just, you know, give Sue Ann Robinson a big big thank you because when she's in that courtroom, she knows what she's talking about. You know, despite, you know, the the bashing and despite what many people feel about her, Sue Ann Robinson is a real one. She knows what she's definitely talking about. So, a big shout out to Sue Ann Robinson.
She can dish out a ass whooping, but she can't handle one. And the justice bout whoop that ass every day. And you know, what what that tr- what what And And And hey, you know, but here's my thing, everybody. Where is Cabo 6 getting this money from?
Where is Ca- Where are those members from Cabo 6 getting this money from?
I see you, Sonia. Cuz these attorneys, like I said, these attorneys ain't no cheap attorneys.
They're not. Now, I was in the courtroom and I had it I saw Dayonna's Imani's green attorney work. He worked.
Now, that attorney ain't come cheap. I can promise you that. Where did Dayonna get the money at?
To hire this attorney. Like I said in the beginning, years ago, Alyce Hyatt is the wild card in this civil case. I believe she's going to tell all.
And they can keep trying to prolong it.
You know, hey, keep on prolonging it.
Prolong it as long as you would like to.
But until y'all face this music, y'all lives is going to be up in shambles. You will never Until you resolve this, Dayonna Jackson, you're going to always be on the run. You're going to always be looking over your back. Let me guess, you're probably in the process right now of changing your name again.
I promise you. You're in the process of right now trying to outsmart the system.
I see you, Passion B. Latasha.
The wicked has no rest. Possibly legal aid. Strong possibility.
You know, but to sit up here and try to play in people's face, you can't make this up. Yes, Ms. Robinson, salute to her. They're connected, I heard at least the parents are.
And and it's sad, Belinda and everybody else that's watching this, it's sad because and people always say what? They always say it starts at home.
If your parents is jacked up, if your parents got wickedness and evil hearts, then you can imagine the children.
You can imagine the children.
But as a parent, yes, you supposed to uh protect your children. Yes, you supposed to stand by your children.
But as a parent, you supposed to do right by your children and you supposed to make your children take accountability. And I ain't even going to give no more Martin Luther King speeches.
I'm done with that.
My opinion is God is dragging her slow.
She won't win. And you know what, Belinda? That that that because the See, once again, let God fight your battles because the way that God deal with you, the way that God will deal with your enemies, man. But I already said no more of me giving long lectures, no longer me preaching and teaching. I'm going to take this time and I'm going to go to Ms. Shalonda. Shout out to Ms. Shalonda, Quilla, Mr. Bernard, and the rest of Shaniqua's family. We just want y'all to know that we still in this fight with y'all. But let's go to Ms. Shalonda, y'all.
>> I encourage as we get ready to bring her mother because uh Director Steve Benjamin heard them and about we're going to do what we can do to make sure that this tragedy won't be swept under the rug.
And that matters.
That matters so much that finally somebody listened to Ms. uh Salome Robinson from the federal government. Because when she spoke to FBI officials last week, they really didn't hear her.
So, we thank the White House officials for hearing her today.
And she's going to share with you a bit about what she told them where her daughter was, what happened, and what she wants to happen.
And she is a heartbroken mother.
You know, us as lawyers have been well educated and trained to be able to come and articulate our thoughts and our feelings and our passions.
This is a broken-hearted mother who's going to try her best to tell you how she laid her heart out at the White House asking for them to help her get justice.
So, I want y'all to give a big round of applause for Salome Robinson, the mother of SALOME ROBINSON.
>> YES, I'M HERE FOR SALOME ROBINSON.
Salome was my daughter. We love Salome.
Salome um had a family that loved her and and she was an amazing child. And um she loved people. She did no wrong to no one. And um we just heartbroken how we seen a a video of her being brutally beaten, and no one has been arrested yet. Someone should have been arrested right after the video was released.
>> Amen.
>> But unfortunately that is Shanquella, no one has done anything about it. No one helped her in the when she was in there being brutally beaten. They telling her to just fight back, fight back. Someone should have had sense enough to step up and help her or stop the fight, but they didn't. They continued to watch it and laugh and killed my child.
And um I need justice for somebody.
>> Yes.
>> Somebody need to be arrested.
You know, we we can't sleep, we can't eat, you know, we have barely holding down a job.
Because we we not getting justice for for her. She needed justice. She can't rest either.
And I need people to stand up.
>> And you know, how did you find out about this?
>> Um I found out through a phone call.
Through a phone call. I got a phone call saying that And really when I got the phone call, they was saying she was um alcohol poisoning. She um wasn't responding. Really Shanquella wasn't It wasn't no such thing as alcohol poisoning. Later on when the video came out, they said they called me lying.
They even came to my house lying. They didn't know that the video had been leaked out.
And um we just heartbroken. You know, we just don't know know which way to go, which way to turn.
>> You not alone.
You not alone, Ms. Robinson.
Justice for Shanquella Robinson.
>> Justice for Shanquella Robinson.
>> Justice for Shanquella Robinson.
>> Justice for Shanquella Robinson.
>> Justice for Shanquella Robinson.
>> Justice for Shanquella Robinson.
>> Um you know, I don't have anything else to say right now, but I'm just trying to get justice for my child and I'm not going to stop until we >> Y'all give it up for this strong mother who refused to be silent.
Are we going to stand with her?
>> Yes.
>> Are we going to stand with her?
>> YES.
>> ARE WE GOING TO STAND WITH HER?
>> YES.
>> YOU ARE NOT ALONE, MS. SALLIE.
And then you will hear from her sister Taquella Long who's going to tell you some of the things she told the White House officials about the cover.
Sometimes to be in the law, we often say, especially in this town, you all understand, after the Watergate, it became a famous phrase to say the cover-up was worse than the crime.
Now, Taquella is going to tell you a little bit about the cover-up, but I'm so sad to say not even the cover was worse than the crime what we saw in that video.
I mean, as a father black girls, you cannot imagine your child being naked, not attacking, not threatening in any way, but just being savagely beaten to death.
And this is what they tell them what happened. Y'all give it up for Taquella Long, the sister of Shanquella Robinson, who's been with her mother fighting the whole time.
>> Good morning, everyone.
I'm going to be quick.
The FBI knew about what was going on with my sister before the video even surfaced.
So, that had to be at least weeks prior to the video being leaked.
Three individuals came to our homes and said that there was no fighting.
Um you know how the young people say, "No hands was thrown."
We are on a motor emotional roller coaster dealing with this. It's frustrating.
It's exhausting. We have to >> So, the civil suit, and I know there's still many that still not understanding. So, you going to have a lot of people that still, you know, running with the false narrative that Daija Jackson is locked up. No, she's not locked up, y'all.
She's not locked up. They're only talking about the civil suit. Now, can they go to prison? Can they get any prison time in the civil complaint? No.
No. However, criminal charges can be brought through this civil suit. They're going to have to speak.
They're going to have to talk.
They're going to have to come up off of the information.
And they've been keeping quiet as a church mouse for 4 years.
Time's running out.
So, that's what the civil suit is about.
Why not the criminal charges?
We cross that road.
Mexico still has that warrant for Daija Jackson for femicide. The DOJ never prioritized the warrant.
The FBI said that they're not prosecuting any of them because they believed all of their stories as far as the ones that did speak with them. They don't come up They're not coming up off of the information.
And the information that they did release, they redacted a lot of it. So, you know right there you know right there if they're coming up off of this information, why did they have to redact damn near most of it?
What are y'all hiding?
It makes you really really go down this rabbit hole.
Who Who is protecting six Negroes in this case? Who?
And why?
Many people say, "Shank, they parents.
They got family in high places."
And it all could be true.
It all could be true. Let me come to my chat and then we'll get out of here.
April says, "That's right. As a mom, I hear her cries because Shanquella could have been any one of you women out there daughters. Any one of you dads out there. Shanquella could have been any one of our daughters."
Mouthpiece says, "Just like Shanquella ain't fight, God has put all six of them defenseless to his wrath. No preachy, no, you know what? Justice for Shanquella. I see you, Alma.
Lashonda says, "That's right, Mommy.
Justice for this baby."
Sonya says, "Yep."
After the civil suit, they can be charged, right? That's if the FBI That's if the FBI finds any thing new as far as information or evidence from the civil lawsuit. But as you heard Shanquella's sister said, "Quella, what she said? The FBI had already knew before the video even got leaked."
And also remember when Miss Salamandra confiscated over 400 text messages out of Shanquella's phone and turned it over to the FBI.
And the FBI overlooked that.
So it's a lot when it comes to the case but it's not a lot.
You know, they want you to think and this is how they run dope fiend moves.
This is how they run YouTube plays. This is how they run it. They want you to think all kind of stuff.
Y'all know wolves in sheep's clothing.
They want you to think look over there. They want you to look over there. Look this Look at this person. Look at that person. When all along the person that's sitting right next to you is the one that's running the play on you.
So the FBI wants you to think that it's Mexico's fault.
The FBI wants you to think all these other different theories.
But Mexico been gave the FBI jurisdiction.
And for the FBI to come in and say that they're believing what Cabo 6 said happened.
Well, what did Cabo 6 say happen? Shaq O'Neal agreed to the fight. This is how they really think. And I don't even think that they think that we're dumb, CUZ I KNOW THAT THEY KNOW WE AIN'T THAT DUMB.
It's just they got the power to do it.
They don't got nothing, and this is just my opinion, y'all. It don't got nothing to do whether they think we're dumb or not. They know we ain't dumb.
It's just they got the power to do it.
Most of us don't have money. That's how they get the average American.
Especially when it comes to court, when it comes to the legal way.
This how they get you.
Cuz you got to pay for this, you got to pay for that, you got to get attorneys.
Even if you take matters into your own hand, you still got to come up with money to file this, to file that.
Absolutely.
We have to wait on another administration's FBI. And see, when Trump came in, and that's why I was saying at the time, I'm glad that Trump because remember, that was the first thing, well, one of the first things that Trump did when he got in office.
He went after the FBI.
I believe the FBI will be watching this case waiting for more evidence to come out. Someone's going to slip up.
Remember, and right after Trump went after the FBI and shook things up in the FBI, who did we see resign from the FBI? Dana King.
And it's been said a long time ago that Dana King is a part of the cover-up.
Dana King is a part of the plague.
But Dana King got her funky ass up out of there.
God is good and he is always on time.
Yes. Yes.
And you know we we we especially when it's it's you that's going through the storm. [snorts] You know, you really ain't trying to hear what other people was saying.
You know, frustration kicks in.
You know, and you just you lose all kind of faith.
And you know, you just throw your hands up and that's why I said, you know, and every time I see Shanquella's parents, every time I see her sisters, I just I I I just be asking, I'll be saying, "Damn, how where do they get the And I don't ask them, but I just be like, "Where do they get the strength?"
Where do they get the strength to carry on? Every time I see Miss Salamandra and Quilla, to me, they're always in good spirits.
You know, they always smile. They always greet me. They always smile for others.
They always greet others.
You know, regardless of what or how they may feel. And I'm sure they probably, you know, don't want to, you know, be they don't want people around. You you know, but they still they still embrace me and any and everybody else.
So, I love y'all for that, Miss Shalonda and Quilla, for always welcoming me.
I do. That's That's love from the bottom of my heart.
Sonya says, "Say that, Shank. I'll be feeling that same way.
You just can't give up." And it's It Like you said, "Boy, man, you just be like But, you just got to keep fighting.
She can change her name to Queen Elizabeth. Her face is still the same.
Poor fool."
Yep.
It's definitely about that money.
And you know, some people still be questioning me.
Some people be like, "But, Shank, all this time, why haven't anybody been arrested? Why haven't Shanquella received justice?"
It's sad.
It's a sad, sad day.
The suspects are so bold and dismissive.
But, God You right. And I'm a I promise y'all. I promise y'all. I see it all the time.
I see it all the time.
They be the main ones that's in church.
They kin folks that's protecting her be the main ones in church.
Hallelujah.
Some sick individuals.
Some sick individuals out here. So, Kaleia, he has a court date coming up in July.
I think it's July the 18th. I'm not exactly sure of the date. I'll let everybody know. I am praying for us as black women.
Khalil, he does have a court date. Now, Khalil Khalil, he's trying to get his dismissed, but he wants his to be heard in Mexico.
If if I'm any members of Cabo six, I'm staying the hell out of Mexico.
Because if and I'm sure you know, they'll try to if it do take place in Mexico, you know, they're going to probably use, you know, we don't have expenses to get there. It's that woo woo woo woo. Can we do a Zoom meeting? Woo woo woo woo.
One thing I can tell y'all for sure, Cabo six, go ahead and take y'all asses to Mexico.
Feel free to go to Mexico.
So, as I said before, any new details, any new updates, of course, I will bring to you all.
I definitely will keep you all posted.
These are some of the pictures from our last Rock Squad meeting, our third annual.
And we did do a balloon celebration for Shanquella.
So, this is Shank, Ms. Parker, Tralane, Marty, Erica, Bren, Jamie, Squeak, Nikki Lynn, Keyon, and I got to give a big big rest in peace to Juanita.
That's Tralane with Ms. Alamondra and Lil Man, I like to call him Lil Man.
And then that's me and Ms. Parker.
So, have a good rest of the day. Blessings to you all.
So, good news. Good news coming out of Mecklenburg County.
Daysha Nae's request for dismissal has been denied.
Belinda says, "Great job supporting them." I appreciate you, Belinda.
Sonya says, "Salute Shank. See everyone soon." I see you, Blessed to Be.
And y'all know how I do. I'll let the chat run, and y'all can hang around for as long as y'all would like to, and I'll see everybody back later on.
I'll see everybody back later on.
So, once again, the judge has denied the request for Daysha Nae's civil suit to be dismissed in the Shanquella Robinson case. So, that means that the civil suit for Daisha Monique Jackson will take place in Mecklenburg County, North Carolina.
Salute everybody, and I'll let the chat run.
And y'all hang around for as long as y'all would like to.
The Shank Rock is the wave of the future.
>> [music] [music] [music] >> The diagrams that I have up, where did this [music] go wrong in?
>> Remember, we didn't know this happened to her.
>> Around 3:00 that morning, [music] um I got random text messages, and it was just pictures of her and another little [music] girl. I thought it was strange.
>> [laughter] >> Go.
>> Say, man, what's up, man? It's your boy Charleston White, man. This is my first movie ever, uh a million-dollar what?
>> Million-dollar thing. Million-dollar thing.
>> Million-dollar thing, man. So, I'm with my man, the producer Shank, man. So, uh he finna show me what to do, how to put it down, man, so we can pick some up.
So, y'all stay tuned in and locked in, baby.
>> Let's talk about some of these beefs.
You've been into with >> That's what I That's what I love. That's what I love. Let's get to it.
>> Now, I Look, I'mma save her for last.
Or, should I start off with Rorrey first?
>> Her? You said her?
That's a her to you?
Man, man, that [ __ ] is like a security guard at a Michigan >> [music] [music] [music] [music] [music] [music] [music] >> Mhm.
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