Case Against Student Who Wore NRA T-Shirt Dismissed with Prejudice - Page 2
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Thread: Case Against Student Who Wore NRA T-Shirt Dismissed with Prejudice

  1. #11
    Join Date
    Jun 2013
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    NE Kansas
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    Personally I would have liked it better if the student and his parents had sued. The fact that it was dismissed with prejudice means it can't be refiled and the case is dead. I expect at the time they were so pleased with that, they just wanted it behind them. I can't say I blame them, the stress level for the kid and parents must have been astronomical. We deal with this stuff everyday. The average family of law abiding citizens are never exposed to something like this, unless called for jury duty. Even then their butts are not on the line. They made the right decision for their own welfare.

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  3. #12
    Quote Originally Posted by KSDeputy View Post
    Personally I would have liked it better if the student and his parents had sued. The fact that it was dismissed with prejudice means it can't be refiled and the case is dead. I expect at the time they were so pleased with that, they just wanted it behind them. I can't say I blame them, the stress level for the kid and parents must have been astronomical. We deal with this stuff everyday. The average family of law abiding citizens are never exposed to something like this, unless called for jury duty. Even then their butts are not on the line. They made the right decision for their own welfare.
    I do not believe that to be true. Crimminal charge were dismissed with prejudice. That prevents the "Gov't." from refiling the charge. The defendant can file crimminal charge and civil suit as he has been injured under color of law.



    https://en.wikipedia.org/wiki/Prejud...gal_procedure)
    18 USC 241 - Conspiracy against rights | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute
    18 USC 242 - Deprivation of rights under color of law | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute
    The Only Easy Day Was Yesterday

  4. #13
    Join Date
    Oct 2010
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    Quote Originally Posted by Seeya View Post
    I do not believe that to be true. Crimminal charge were dismissed with prejudice. That prevents the "Gov't." from refiling the charge. The defendant can file crimminal charge and civil suit as he has been injured under color of law.



    https://en.wikipedia.org/wiki/Prejud...gal_procedure)
    18 USC 241 - Conspiracy against rights | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute
    18 USC 242 - Deprivation of rights under color of law | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute
    Possibly, but according to the story the family has agreed not to.

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    Of all tyrannies a tyranny sincerely exercised for the good of its victims may be the most oppressive.

  5. #14
    I guess the only penalty the school teacher gets is that he has to keep his big YAP SHUT while the kids wear similar attire the rest of his life. May it only come to pass.
    Typos are for the entertainment of the reader. Don't let it go to your head!

  6. #15
    Quote Originally Posted by Seeya View Post
    I do not believe that to be true. Crimminal charge were dismissed with prejudice. That prevents the "Gov't." from refiling the charge. The defendant can file crimminal charge and civil suit as he has been injured under color of law.
    If it was dismissed unconditionally that would be true, but the agreement was that they would drop the charges if the family agreed not to sue. Once you sign on the dotted line, it's over.

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