Results 1 to 11 of 11

Thread: lawsuit? Is it worth it?

  1. #1
    Regular Member
    Join Date
    Apr 2012
    Location
    sparta ky
    Posts
    251

    lawsuit? Is it worth it?

    Has anyone on here sued for a illegal stop and search?
    Don't want to go though a long and costly suit just to be told too bad.
    I know that could happen anyway.
    This would be for my Bellevue stop (see other post and Youtube).
    Also know any lawers in NKY I should talk to?
    I know some lawers don't like to take on LE or gun cases like this.
    Some don't even know gun laws.

    Mike

  2. #2
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Its only related to gun laws ... you have a 4th amendment issue ...

    If the cops had reasonable suspicion that would be enough for you to lose ...

    Able to file pro se?

    It will be long ... it does not have to be costly

  3. #3
    Regular Member
    Join Date
    Apr 2012
    Location
    sparta ky
    Posts
    251
    Quote Originally Posted by davidmcbeth View Post
    Its only related to gun laws ... you have a 4th amendment issue ...

    If the cops had reasonable suspicion that would be enough for you to lose ...

    Able to file pro se?

    It will be long ... it does not have to be costly

    What do you mean able to?
    I know what Pro Se means.
    Mike

  4. #4
    Regular Member self preservation's Avatar
    Join Date
    Apr 2012
    Location
    Owingsville,KY
    Posts
    1,039
    Quote Originally Posted by ps1mhd View Post
    What do you mean able to?
    I know what Pro Se means.
    Mike
    http://en.wikipedia.org/wiki/Pro_se_..._United_States
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  5. #5
    Regular Member sharkey's Avatar
    Join Date
    Aug 2010
    Location
    Arizona
    Posts
    1,066
    Quote Originally Posted by ps1mhd View Post
    What do you mean able to?
    I know what Pro Se means.
    Mike
    I think he means willing to. I've been victorious every time I went Pro Se (nothing gun related) but only did one action via Federal Court. Their rules of civil procedure are mind numbing.

    In Idaho my Pro Se case took so much time I settled for far less than I should of. I was worried I'd lose my job focusing on the case. I would have gladly used an attorney (an always recommend one) but all the attorney's with that type of experience didn't work for consumers.

    Federal court filing fees are about $400 I think.

  6. #6
    Regular Member sharkey's Avatar
    Join Date
    Aug 2010
    Location
    Arizona
    Posts
    1,066
    I was close. It's $350 for a federal lawsuit. They refused to waive filing fees for my broke ass when I filed Pro Se. They did let me use a payment plan though.

    http://www.uscfc.uscourts.gov/pro-se-information

  7. #7
    Regular Member
    Join Date
    Aug 2011
    Location
    KY
    Posts
    127
    Ned Pillersdorf is who you need to call. He is selective about the cases he takes, but there isn't a person or entity in this state he wouldn't take on.

  8. #8
    Regular Member
    Join Date
    Apr 2012
    Location
    sparta ky
    Posts
    251
    Quote Originally Posted by garyh9900 View Post
    Ned Pillersdorf is who you need to call. He is selective about the cases he takes, but there isn't a person or entity in this state he wouldn't take on.
    Know anyone in NKY? His closest office is 2 hrs away.

  9. #9
    Activist Member
    Join Date
    Dec 2010
    Location
    Ashland, KY
    Posts
    1,847
    It is absolutely worth it! And you will want the best lawyer you can find that is knowledgable in KY firearm law and civil proceedings. I would contact the man that Gary suggested and speak with him about your case and see what he has to say. It is worth it to have an attorney that you can rely on, and not one who only cares about a paycheck. Depending on how knowledgeable you are on the subjects that pertain to your case you could consider going pro se, but if you aren't well studied on the matters at hand I would not attempt it.

    If you are considered an idigent person you can also request that the court waive your filing fees and costs (known as "In Forma Pauperis" in the legal world). The court will determine what costs -- if any -- will be waived in a civil proceeding. You can do this with an attorney or pro se, but if you are using an attorney it would be a good idea to have him attempt to do this for you. You will have to fill out a waiver form that consists of several questions pertaining to your income and so forth, but it isn't much.

    I would certainly get the ball rolling on this matter. It is imperative that these officers understand they can't go around depriving people of their rights!
    Last edited by KYGlockster; 10-14-2012 at 07:53 PM.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

  10. #10
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by ps1mhd View Post
    Know anyone in NKY? His closest office is 2 hrs away.
    I personally would not want a lawyer 2 hrs away ... but that's just me ...

  11. #11
    Accomplished Advocate BB62's Avatar
    Join Date
    Aug 2006
    Location
    Cincinnati, Ohio, USA
    Posts
    3,887
    Look up J. Scott Pappas.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •