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Thread: Lawsuit Update for 2013

  1. #1
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    Lawsuit Update for 2013

    All,

    There has been a small delay with the lawsuit. The opinion has not yet been released and there WILL be an appeal; I promise you that.

    "Such is the irresistible nature of truth, that all it asks, and all it wants, is the liberty of appearing. The sun needs no inscription to distinguish him from darkness." Thomas Paine

    http://www.kulr8.com/news/wyoming/185072351.html

    SNIP

    "CHEYENNE, Wyo. (AP) — A federal judge plans to dismiss a lawsuit in which a Florida man claims Lincoln County sheriff's deputies violated his Second Amendment rights by arresting him for carrying a handgun."

  2. #2
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    Wyo. Gold Star is pyrite?

    What Wyoming statute were you charged with violating?

    Well, the news article said "arrested" but the video shows you were "detained" and restrained. So there is no statutory charge.

    It appears to me the LEO was basically insecure. He would never make it as a wildlife officer. Anyone who has an inane fear of an armed person acting peaceably and calmly has no business being in law enforcement.

    Officers should be more concerned about the weapon we don't see than the one we do see.

    Being the LEO did not observe a traffic violation - a civil infraction not even a misdemeanor in most cases- he should not have effected a stop. That and the length of time you were cuffed absent anything that would indicate the slightest threat should make a good civil case.

    If you hang in there the Sheriff's Office will probably offer a reasonable settlement.
    Last edited by 6-shooter; 01-01-2013 at 07:37 PM. Reason: additional clarifying research

  3. #3
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    Quote Originally Posted by 6-shooter View Post
    What Wyoming statute were you charged with violating?

    Well, the news article said "arrested" but the video shows you were "detained" and restrained. So there is no statutory charge.

    It appears to me the LEO was basically insecure. He would never make it as a wildlife officer. Anyone who has an inane fear of an armed person acting peaceably and calmly has no business being in law enforcement.

    Officers should be more concerned about the weapon we don't see than the one we do see.

    Being the LEO did not observe a traffic violation - a civil infraction not even a misdemeanor in most cases- he should not have effected a stop. That and the length of time you were cuffed absent anything that would indicate the slightest threat should make a good civil case.

    If you hang in there the Sheriff's Office will probably offer a reasonable settlement.
    Sir,

    "Arrested" is not the same as "booked." While I may not discuss the details of my case, it is important to note that I was handcuffed thereby restraining and denying me Liberty. Those will be the factors in the case.

    -Robert

  4. #4
    Regular Member self preservation's Avatar
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    Quote Originally Posted by marinepilot81 View Post
    Sir,

    "Arrested" is not the same as "booked." While I may not discuss the details of my case, it is important to note that I was handcuffed thereby restraining and denying me Liberty. Those will be the factors in the case.

    -Robert
    So your case got dismissed???



    Nevermind. I see where you are appealing.
    Last edited by self preservation; 01-06-2013 at 07:37 PM.
    “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 mechanicworkman's Avatar
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    Marinepilot81,

    Been waiting anxiously all year for this things day in court! What is meant by "small delay" are you able to post the courts findings? When they become available? When you appeal how long to get the next court date?
    -----------------------------------------------------------
    "The shores of history are littered with the wrecks of civilizations, where once free men trusted their rights and liberty to a wholly centralized government"

  6. #6
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    Court Documents

    Here's the judge's decision dismissing the case. Appeal pending.
    Attached Files Attached Files

  7. #7
    Regular Member self preservation's Avatar
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    Quote Originally Posted by marinepilot81 View Post
    Here's the judge's decision dismissing the case. Appeal pending.
    They broke it off in you. Good luck with your appeal.
    “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.

  8. #8
    Regular Member Wolverine's Avatar
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    Not sure...

    Recommend you not appeal; an appeal will result in more time, money, and mental anguish...move on.

    Last thing you want is to have an electronic history of any run-in with the law that any future employeers can find quickly and label you as a "potential trouble maker."

    Just my two cents...what ever it may be worth.

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