Man Files $3 Million Lawsuit After Being Arrested for Lawful Open Carry - Page 3
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Thread: Man Files $3 Million Lawsuit After Being Arrested for Lawful Open Carry

  1. #21
    Quote Originally Posted by jrs View Post
    I think you missed an important point in the article.... The suit is filed "personally" against the offending officers, not the Municipality or Police Department they work for. They are sued personally...that means that they will have to fund their own defense. The municipality will run from this as not being responsible for the actions of an individual LEO, leaving the officer to drain his bank accounts, cash out his equity in his house and likely have liens if he loses. The taxpayer will not be footing the bill in these cases.

    Just a couple suits like this against the LEO would send shivers through the ranks. I believe they would think twice before making an arrest for a 'questionable' offense (or lack of real offense), or before they enforce a sham of a law (ei: NY Safe Act) which should be deemed unconstitutional.

    The Taxpayers still pay no matter what. The Union will pick up the settlement and push for more. The only true way to have responsiable people with the level of trust given LEO's is to throw them in jail, the mere prospect of it scares the crap out LEO's. They are isolated from the rest of the inmates. one of you trample on my rights I will file crimminal charges and sue you to boot and anyone associated with you that might be involved.
    The Only Easy Day Was Yesterday

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  3. #22
    Anyone have any empathy for the clerks in the "stop and rob" who called it in? Mr. Call's decision to walk into a convenience store open carry no doubt freaked out the staff enough to call police. Maybe the Speedway folks need to educate their clerks about how to deal with open carry customers. Obviously a firearm is gonna cause concern for a stop and rob clerk. But if properly educated they could come to see open carry as "insurance" against being robbed...there are plenty of stories where armed citizens have stepped in to help.

    So maybe some training for the store clerks. But open carry folks have to have some common sense and realize they are of concern around schools, liquor stores, stop and robs, banks, etc.

  4. #23
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    Quote Originally Posted by jrs View Post
    I think you missed an important point in the article.... The suit is filed "personally" against the offending officers, not the Municipality or Police Department they work for. They are sued personally...that means that they will have to fund their own defense. The municipality will run from this as not being responsible for the actions of an individual LEO, leaving the officer to drain his bank accounts, cash out his equity in his house and likely have liens if he loses. The taxpayer will not be footing the bill in these cases.

    Just a couple suits like this against the LEO would send shivers through the ranks. I believe they would think twice before making an arrest for a 'questionable' offense (or lack of real offense), or before they enforce a sham of a law (ei: NY Safe Act) which should be deemed unconstitutional.
    A couple of ways it gets handled. Sometimes the PBA gets involved to provide legal fees for the officer... sometime they don't have the money. The town has insurance and is bonded. The insurance would settle if it were a clear-cut case of a mistake. But if he's found to have violated someone's rights with intent to harm, insurance won't pay. But still the town is bonded to cover damages. The officer is pretty-much indemnified in most cases.
    GOD, GUNS and GUITARS

  5. #24
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    Quote Originally Posted by Riverkilt View Post
    Anyone have any empathy for the clerks in the "stop and rob" who called it in? Mr. Call's decision to walk into a convenience store open carry no doubt freaked out the staff enough to call police. Maybe the Speedway folks need to educate their clerks about how to deal with open carry customers. Obviously a firearm is gonna cause concern for a stop and rob clerk. But if properly educated they could come to see open carry as "insurance" against being robbed...there are plenty of stories where armed citizens have stepped in to help.

    So maybe some training for the store clerks. But open carry folks have to have some common sense and realize they are of concern around schools, liquor stores, stop and robs, banks, etc.
    I don't see it as a common sense realization that someone having an irrational fear of an object is normal. Some one with common sense would know the difference between a firearm in a holster on a calm person and a firearm in the hand of an angry individual pointing it at them. Some one with common sense would know the clerk had no common sense. Or is this too much common sense for the common person?
    “One of the illusions of life is that the present hour is not the critical, decisive one.” – Ralph Waldo Emerson

  6. #25
    Clerk's reaction probably depends more on how many times they've been robbed and looked down the barrel than common sense.

  7. #26
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    Quote Originally Posted by docmath View Post
    I am all for 2nd amendment rights, but I really don't see the big deal. If an officer ask's me for my I.D., and I'm open carrying, why is it so hard to show him your drivers license.
    How about if you're not carrying one... or any other form of ID?

    In Ohio, apart from certain specified activities (driving, carrying a concealed handgun, etc.), you have NO duty to carry ANY ID.

  8. #27
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    Quote Originally Posted by BC1 View Post
    A couple of ways it gets handled. Sometimes the PBA gets involved to provide legal fees for the officer... sometime they don't have the money. The town has insurance and is bonded. The insurance would settle if it were a clear-cut case of a mistake. But if he's found to have violated someone's rights with intent to harm, insurance won't pay. But still the town is bonded to cover damages. The officer is pretty-much indemnified in most cases.
    It depends upon state and local laws.

    In Ohio and in Chicago, cops are NOT indemnified for punitive damages. They eat that themselves. That's been cited as the reason why Chicago settles so many suits against police. It almost certainly played a role in the local police union's instructions to its members NOT to obey Cleveland Mayor Frank Jackson's unlawful order to enforce Cleveland's state preempted "assault weapon" ban.

    One Chicago cop who killed an unarmed man for no reason while standing underneath multiple transit authority security cameras, then lied about it, got hit with millions of dollars in punitive damages. He ended up eating his gun.

  9. #28
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    Quote Originally Posted by Deanimator View Post
    It depends upon state and local laws.

    In Ohio and in Chicago, cops are NOT indemnified for punitive damages. They eat that themselves. That's been cited as the reason why Chicago settles so many suits against police. It almost certainly played a role in the local police union's instructions to its members NOT to obey Cleveland Mayor Frank Jackson's unlawful order to enforce Cleveland's state preempted "assault weapon" ban.

    One Chicago cop who killed an unarmed man for no reason while standing underneath multiple transit authority security cameras, then lied about it, got hit with millions of dollars in punitive damages. He ended up eating his gun.
    Have to ask. Why wasn't he put to death or at least sent to prison for the rest of his life with no chance of parole?
    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?
    Si vis pacem, para bellum.

  10. #29
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    Quote Originally Posted by SouthernBoy View Post
    Have to ask. Why wasn't he put to death or at least sent to prison for the rest of his life with no chance of parole?

    • He ended up eating his gun.







    That means he killed himself before going to court.
    ~Responsible people who understand that their personal protection is up to them, provide themselves with protection. Those that don't have only themselves to blame.~Proud NRA ~SAF~GoA Member~

  11. #30
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    Quote Originally Posted by Seeya View Post
    Crimminaly charge the officer's for violation of his civil liberties under USC Title 18 241 & 242 and when they go to jail, or just the battle to stay out of jail will send a message that they need to rethink how they do things. This is the only way to fight police abuse of power. Money comes out of the peoples pockets that employ them (taxpayers). Felony charges elimate the individual from being a leo or voting upon conviction.

    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 towns are well insured, bonded and the PBA provides support. An insurance rate may increase but the taxpayer doesn't foot the entire bill. There's usually a partial payout to protect the city even when the LEO acted illegally.
    GOD, GUNS and GUITARS

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