Fairly Legal

Jamar Mackey says the Virginia Beach Police Department's apology for an embarrassing case of mistaken identity rings hollow ... and he wants big changes at the PD.

Jamar, the innocent man who was ripped from his family and handcuffed at a mall because he supposedly matched the description of an alleged credit card fraudster, tells TMZ ... police chief Paul Neudigate is just saying sorry because the incident got national attention.

His fiancée, Shantel Covil, says they want more than an on-camera apology ... they want new rules, laws and police reform ... and they want the officer fired.

The video shows the moment Jamar was yanked from his family while they were eating in a mall food court, with the officer immediately placing him in handcuffs and taking him outside in a humiliating perp walk. Cops finally admitted they had the wrong guy.

The Police Chief apologized a few days after the incident, once it started getting attention ... and while he said he wants to reach out to Jamar to hash things out, Jamar and Shantel tell us no one from the PD has followed through.

John B, Sarah, JJ and the rest of the gang from Netflix's "Outer Banks" aren't figments of the creators' imaginations -- they're ripped straight off the pages of an existing novel ... so claims the novelist in a new lawsuit.

A man named Kevin Wooten has sued the streaming giant as well as 'OB' creators Shannon Burke and Jonas and Joshua Pate ... claiming the whole lot ripped off the plot of his book, "Pennywise: The Hunt for Blackbeard’s Treasure!" almost beat for beat.

In his suit, obtained by TMZ, Wooten says in 2016 he published his book, which documents the story of 4 young adults who stumble upon a local legend who leads them to buried treasure from a fabled shipwreck along the outer banks of North Carolina.

Wooten says he sold a bunch of copies, including hard copies in the city of Wilmington ... where he claims the Pate brothers spent a significant amount of time, and where they've publicly said they got the inspiration for their new hit show.

That's no coincidence ... according to Wooten, who claims it's likely the Pates stumbled across his novel and used it as the basis for "Outer Banks." KW alleges there's striking similarities you just can't deny ... right down to the structure and characters.

Wooten claims the archetypes of his protagonists and those of the show are almost identical, and so are the villains -- namely, a rich benefactor and a corrupt cop. He also says the plot is virtually the same ... including clues they find and places it leads them to.

Wooten wants damages, but also wants to see a title card in credits reading, "Story by Kevin Wooten, based upon the novel Pennywise: The Hunt for Blackbeard’s Treasure!"

One of the ritziest, most exclusive celeb joints in L.A. is secretly inviting people to an in-person New Year's Eve party, asking them to keep it on the low ... but to also spread the word.

The restaurant in question La Scala, and it's their Bev Hills location that's doing this "speakeasy" thing. They've apparently been slipping invites in to-go orders for a NYE dine-in event ... and they're being cutesy with it by slugging it as a '20s-era Prohibition blowout.

An invite of theirs was recently posted online, which reads ... "We are considering taking reservations for New Year's Eve Dinner. Inside. If this is something you'd be interested in, please let us know as soon as possible."

The message goes on ... "If enough interest we'll contact you back to secure your reservation. Please keep this discreet, but tell all your friends." So ... not a secret at all.

La Scala's plans are on the radar of Beverly Hills city officials -- who are issuing a harsh rebuke, but not much else at this point in the way of threats to shut this thing down.

The official rep for the City of Beverly Hills says, "We understand this is an incredibly difficult time for all of our businesses, however the County Order does currently prohibit indoor and outdoor dining, including in the City of Beverly Hills." Cool ... but is that it???

Time will tell if La Scala is able to move forward with their shindig -- you'd imagine cops would step in and try to stop it -- but at this point ... it could fall into a grey area, like so many of these lockdown measures we've seen defied this year, including around L.A.

BTW, La Scala is one of these legacy restaurants in Hollywood ... it's been around since forever, and some of the most famous faces in history have stopped by for a meal or two. People like Frank Sinatra, Cher, David Geffen, Khloe Kardashian, Lamar Odom, Barbara Walters and so many more have visited ... until recently, that is.

Tekashi 6ix9ine spent another Christmas without his daughter ... and this time he can't blame it on being locked up, his baby mama says it was all his fault.

Sara Molina, Tekashi's baby mama, tells TMZ ... she chose not to allow Tekashi to see their child this Christmas because he's been completely out of the picture, despite promising to get back in 5-year-old Saraiyah's life.

6ix9ine's baby mama says he told her back in August he wanted to create a genuine relationship with Saraiyah and was going to be more involved and present ... but Sara says it never happened.

Sara claims Tekashi told her he would support her financially and help with their daughter's expenses ... but she says it turned out to be an empty promise.

69's baby mama even says she gave him an "open door" policy where he could come see Saraiyah whenever and wherever he wanted ... but even that didn't pan out. Sara says early September was the last time Tekashi sent any money or saw his daughter.

What's more, Sara claims Tekashi missed his daughter's 5th birthday back in October, and she says he didn't send a present or even place a phone call. Sara says it was really offensive ... she felt it was the one day he could have really redeemed himself.

It's kinda sad ... Sara says her daughter wasn't even fazed by 6ix9ine's absence on her birthday, and she says the kid recently began referring to Tekashi as a "friend" ... even though the girl knows he's the father.

Shia LaBeouf is in terrible shape and needs inpatient treatment for addiction and psychological issues ... and not just inpatient treatment ... but longterm treatment.

Shia's lawyer, Shawn Holley, tells TMZ, "Shia needs help and he knows that." Holley, who first told Variety about Shia's intentions, adds, “We are actively seeking the kind of meaningful, intensive, long-term inpatient treatment that he desperately needs."

This isn't happening in a vacuum. This comes shortly after ex-GF FKA Twigs sued him for physical, emotional and mental abuse.

She claims Shia once tried to strangle her after slamming her against a car. She says there were other incidents of violence ... she says he once pulled out a gun and told her he had killed stray dogs in the past because he wanted to know what it felt like to take a life.

Shia, who has struggled with addiction for years, had his name removed recently from a Netflix awards consideration page.

Dr. Dre has just laid out the prenup his wife does not acknowledge ... a prenup that literally put up a financial wall between them at the beginning of their marriage.

According to the prenup, which was filed with the court and obtained by TMZ, all property they acquired from the beginning of the 1996 marriage is separate -- what he acquires is his, and what Nicole Young acquires is hers.

The prenup also says Nicole does not waive her right to spousal support. That means even if the prenup holds up in court, Nicole can get a hefty monthly sum.

As for that monthly sum, Nicole is asking the court for $2 million a month in spousal support. But, in these new legal docs, Dre's lawyer, disso queen Laura Wasser, says Dre has voluntarily paid all of Nicole's expenses since they split. The docs say he pays for the Malibu estate where she's staying, security and when she wants cash, a messenger delivers it. Dre says $2 mil a month is ridiculous. His CPA filed a declaration saying her actual monthly expenses total $293,306.

As for Nicole's lawyers asking for $5 million in attorney's fees, Dre is calling BS, saying he's already voluntarily paid nearly a million dollars in Nicole's lawyer's fees, and he adds the divorce wasn't even filed until June. Nicole's lawyers also have sent Dre's lawyer a letter saying they're owed another $1.5 mil to date ... something Dre says is ridiculous. According to the docs, Dre has paid Nicole's lawyers more than his own lawyers.

As for Nicole's claims of emotional and physical abuse, Dre squarely denies all of them.

Britney Spears' got a jump on gift giving this year as she got in some quality time with her kids before Christmas Day ... TMZ has learned.

The singer spent a few hours on both Monday and Tuesday with Jayden and Sean ... according to our sources. No word on how their gift exchange went down, but can't imagine the boys left empty-handed. For her part, we're told Brit was thrilled to have the time with them.

We're told Jayden and Sean returned back to their dad Kevin Federline's home afterward -- and they'll be with him for Christmas Eve and Christmas Day. Last year, it was Britney's turn to have the kiddos to herself on the 24th.

Of course, Kevin has primary custody of both children ... Britney cares for them about 30 percent of the time -- something that's been in place for a while now. While many wondered if her #FreeBritney saga would affect visitation ... we've learned it hasn't, and the boys are seeing their mom as regularly as they always have.

In the meantime ... Britney and her dad, Jamie, are still locked in a court battle over her conservatorship. She's made it clear she wants him to step down and hand over the reins.

Lori Loughlin is spending her final week in prison, counting the days till she's released -- while her husband, Mossimo Giannulli is still quarantined because of a COVID outbreak.

Sources with direct knowledge tell TMZ, Lori will NOT get out for Xmas. We're told that was never the expectation. Her release date is December 28. We're told Lori has not been particularly engaged with other prisoners, but she's not unfriendly either. As it was put to us, "She's keeping her head down and doing everything to avoid trouble."

Because of COVID, Lori can't have visitors, but she is able to email her daughters and other family members, but not her husband. As for her state of mind -- as one source put it, "She's holding it together."

As for Mossimo, we're told he was quarantined when he entered prison on November 19, which is protocol. The prison quarantines all new inmates for 14 days. Thing is ... we're told one of the people in Mossimo's pod tested positive for coronavirus, so the quarantine has been extended. He's had no contact with his family since entering the facility for his 5-month sentence.

As for Lori, she'll leave the Federal Correctional Institution in Dublin, CA next Monday ... at least, that's the plan.

Some Texas cops are getting sued over a simple traffic stop that turned into 2 completely outrageous arrests in what, on video, appears to be a disgusting abuse of power.

This Keller PD body cam footage shows Sgt. Blake Shimanek pulling over Dillon Puente for allegedly making a wide right turn. That's it. But, watch the video, Shimanek immediately escalated things by ordering Dillion out of his car. Why? Because he had rolled up his window. Shimanek said to him, "Why are you acting so suspicious?"

Next thing ya know ... Dillon's getting handcuffed and his father, Marco Puente, happened to drive by and witness this. The concerned parent pulled over and stood on the sidewalk across the street recording his son's arrest with his phone.

This clearly pissed off Shimanek, who ordered another officer to go arrest Marco ... allegedly for interfering with an arrest. Eventually, Shimanek and the other cop end up wrestling Marco to the ground, grabbing at his phone, and pepper spraying him.

They cuffed Marco and arrested him ... while Dillon had to pay a ticket for the wide right turn just to get released from jail.

Marco filed a lawsuit last week against the officers for the August 15 arrest -- he alleges they denied him medical attention for nearly 20 minutes after he was pepper sprayed.

Shimanek's already been demoted by Keller PD which conducted an internal investigation and found his conduct was unbecoming of an officer ... and his use of force was "inappropriate."

"The Real Housewives of Potomac" reunion special got real when Monique Samuels accused Pastor Jamal Bryant of having an inappropriate relationship ... and she's not backing down, despite his threat to sue her.

ICYMI ... Monique threw major shade at the pastor last week on part 1 of the special -- claiming she had proof he was involved with a woman in his congregation while dating Gizelle Bryant. She even put his phone number on blast.

Jamal fired back at Monique with a cease and desist letter -- obtained by TMZ -- accusing her of "maliciously spreading inaccurate and unfounded information" on TV that defames him ... and claiming dropping his phone digits puts him in danger.

According to Bryant's letter ... he plans to sue her if he doesn't get a quick response assuring she's stopped making false statements.

Monique responded all right -- her lawyer sent the pastor a letter doubling down on her comments about him on the reunion special, saying she "has irrefutable proof of your egregious sexual conduct with a woman you have been seeing for the past eight years, as well as others."

Further, the letter refutes Pastor Bryant's claim the phone number did him harm ... because Bravo edited it out before the reunion show aired.

But wait, there's more. Monique's husband, former NFL lineman Chris Samuels, is also firing back at Pastor Bryant with a cease and desist letter of his own.

Samuels claims Bryant has been spreading lies and disparaging remarks about him on social media ... claiming he's abusive to Monique because he has CTE, that he cheated on her and verbally assaulted another woman.

Several passengers who were on the same United jet where a passenger fell ill and died of COVID now fear they may have COVID themselves, and they're thinking about legal action.

Francois Montinat tells TMZ ... he's suffering from strong nasal and head congestion, and it's freaking him out because he had COVID back in May and those were 2 of the many symptoms he experienced.

Adding to his worries ... he can't get an appointment for a COVID test and he feels like crap and doesn't want to stand in a first-come-first-served line for hours. Montinat says he thinks United's safety protocol is deficient and he's pondering legal action for emotional distress.

Megan Hubbard and Cameron Roberts were also on the flight and they tell us ... Cameron's been experiencing symptoms since landing in L.A. He says he's developed a persistent cough and suspects he's come down with COVID.

Megan's not experiencing symptoms but the anxiety for both has reached a breaking point ... she says she's seeing a shrink to help her deal with it.  Megan feels someone should pay her medical expenses ... and you can guess who.

The jury selection process in the George Floyd murder trial is underway, and it's clear the judge, prosecutors and defense attorneys want to know where prospective jurors stand on social justice.

The Hennepin County Special Juror Questionnaire was just mailed out to citizens who could potentially decide whether the 4 accused cops are guilty of murder.

TMZ obtained a copy, and it begins by telling potential jurors they are to avoid viewing anything about the case from this day forward ... then digs into what they already know, and how they got that information.

A lot of it is basic stuff for highly publicized cases, but then it asks ... "Did you, or someone close to you, participate in any of the demonstrations or marches against police brutality that took place in Minneapolis after George Floyd’s death?"

If the answer's yes, the next question is ... if they carried a sign and what the sign said.

The questionnaire continues with ... "Did you or someone you know get injured or suffer any property damage during the protests that took place after George Floyd’s death?" Also ... "Do you believe your community has been negatively or positively affected by any of the protests that have taken place in the Twin-Cities area since George Floyd’s death?"

Other questions focus on the media and law enforcement. Obviously, with police officers on trial, the intent here is to uncover biases ... either against or in favor of cops.

As we've reported ... former officer Derek Chauvin faces charges of second-degree murder and second-degree manslaughter for Floyd's death, and the trial is set to being March 8.

King Khan does have s*** on Rihanna, allegedly ... an artist by that name is suing her over a song he says she used to promote her cosmetics line.

Rihanna's being dragged to court by a German father-daughter musical duo -- King Khan and Saba Lou -- who claim she used one of their tracks in an Instagram post advertising Fenty brand accessories.

According to the new lawsuit, obtained by TMZ, King Khan and Saba Lou claim they created and own the music and lyrics for a song called "Good Habits (and Bad)," which they say showed up in RiRi's post.

In the docs, they claim Rihanna did not have their blessing, or legal permission, to use the tune. Their theory is she just ripped it from a music streaming platform.

The duo's going after Rihanna for damages, noting the ad got more than 3.4 million views ... and they want her to stop using their song.

The victims from one of Tekashi 6ix9ine's crimes are going after him in court ... demanding he pay up for what they suffered when Tekashi and co. robbed them.

Seketha Wonzer and Kevin Dozier just filed suit against the rapper, claiming he was part of the criminal conspiracy set in motion in April 2018 that led to them getting bum-rushed and robbed at gunpoint in NYC -- something Tekashi himself testified and pled guilty to in federal court.

In the docs, obtained by TMZ, Wonzer and Dozier say they lost a bundle during the robbery -- including shoes, master recordings, hard drives, precious jewelry, a camera and cash, among other items. They say the whole thing was a case of mistaken identity -- Tekashi and co. allegedly thought they were affiliated with Rap-A-Lot Records, but they say they weren't.

In the suit, filed by powerhouse attorney Joe Tacopina, they say although Tekashi didn't do the robbing himself ... he did film the whole thing from an SUV outside, while his cohorts in the Nine Trey Bloods did the dirty work. In any case, Wonzer and Dozier now want him to pay for the assault, battery and emotional distress they say they suffered.

The defendants say that because Tekashi copped to this crime in court already, his civil liability for the damages is beyond question.

We'd already spoken to Wonzer -- who also goes by Skyy Daniels -- after Tekashi testified against 2 Nine Trey members, and she didn't think his 2-year prison sentence was fair.

Skyy also told us flatly she wanted to see him pay for what he'd done to her. Tacopina, tells TMZ ... "If Tekashi69 thought his legal problems were over after pleading guilty to brutally assaulting my clients, he was woefully mistaken."

He adds, "We do know this now -- if he refuses to redress the injuries he caused my clients, he’ll sincerely regret that decision."

Former U.S. Congresswoman Katie Hill is taking her ex-husband to court, claiming he's behind the leak of private photos and messages ... which, she says, ultimately sunk her political career.

The ex-Rep. from California filed suit Tuesday against Kenny Heslep -- who she recently divorced -- for what she says was a years-long campaign of making her life miserable ... up to and including the moment she stepped down from her post last year amid scandal.

In the suit, obtained by TMZ, she says she'd been with Heslep since she was a teen ... and that, for years, he subjected her to torment, ridicule, physical and sexual abuse, as well as a constant environment of control and monitoring that carried over into their marriage.

Hill claims Heslep -- among other things -- demanded her passwords for devices, forced her to put her calls on speaker so he could listen, demanded to know her whereabouts, dictated her physical appearance, choked her without consent during sex, posted her nudes online ... and told her to kill herself during arguments.

In the suit, she also claims Heslep harmed pets of hers during their relationship -- including allegedly shooting and wounding her goat.

She says things came to a head in 2019 after she won a seat in Congress, and worked up the nerve to leave Heslep. She claims his response was to launch a scorched earth effort to smear her by supplying embarrassing photos and private messages to right-wing sites and other media outlets. Heslep insists he was hacked, but Katie clearly isn't buying that.

The barrage of headlines didn't stop until Hill announced she'd leave Congress ... but even after that -- and even after they'd divorced -- Hill claims reporters continued to badger her. Now, she's had enough ... and wants a judge to step in.

The family of a Southern California man who died in police custody says he got the same treatment as George Floyd ... which can now be seen on video as authorities investigate.

33-year-old Ernie Serrano died last Tuesday after he was arrested for assault with a deadly weapon following an incident that required police assistance at a grocery store in Jurupa Valley ... which left him bloodied, battered and, ultimately, unresponsive.

The Riverside County Sheriff's Dept. released body cam footage as well as witness and surveillance video from that day ... and it shows Serrano at a Stater Bros. attempting to check out at the register, when for some reason security intervenes ... and they tussle.

The fighting goes on for a few minutes -- reports say the guard Tasered him and used pepper spray on him as well ... and that's when several Sheriff's deputies arrived. In the video, you can see one of the deputies unloads on a stumbling Serrano with his baton, striking him several times in the arm and stomach -- until, eventually, the whole squad tackles and detains him.

Body cam video shows Serrano bleeding from his face as deputies attempt to handcuff him -- while pinning his torso against a countertop. He's screaming for them to let him go as cops try to calm him down. Serrano actually screamed, "Excessive force" at one point.

They then put a spit mask on him, and he quiets down ... at some point after that he lost consciousness. Deputies put him on the floor and tried to resuscitate him. Serrano was later pronounced dead at a local hospital.

RCSD held a press conference Monday, saying the department and the District Attorney's Office were investigating. They also released a preliminary autopsy report they say lists his cause of death as acute methamphetamine intoxication ... which the Sheriff's Dept. says caused a fatal arrhythmia as he struggled with deputies.

The Sherrif's Dept. also says the autopsy shows contusions on his right arm and stomach, consistent with baton strikes. They add there's no sign of asphyxiation or other forms of trauma. Of course, Serrano's fam and their attorney, Humberto Guizar, see things differently.

Guizar says it's clear the deputies held him down in a compromised position for too long, which he believes led to Serrano's death. He's calling for an independent autopsy to be done, while also signaling he and the family are ramping up for a lawsuit. Guizar believes what happened to Serrano was not dissimilar to George Floyd.