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Thread: Raub, Rutherford Inst. Victory, Court denies dismissal of charges against agents

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    Raub, Rutherford Inst. Victory, Court denies dismissal of charges against agents

    "August 02, 2013, RICHMOND, Va. — In a victory for free speech and the right to be free from wrongful arrest, a federal court has rejected the government’s bid to dismiss a lawsuit on behalf of a decorated Marine who was arrested by a swarm of FBI, Secret Service agents and local police and forcibly detained in a psychiatric ward for a week because of controversial song lyrics and political views posted on his Facebook page. In allowing the case to move forward, U.S. District Court Judge Henry Hudson ruled that The Rutherford Institute had alleged sufficient facts to indicate that Marine Brandon Raub’s involuntary commitment violated his rights under the U.S. Constitution’s First and Fourth Amendments."

    https://www.rutherford.org/publicati..._attempt_to_di

    Decision https://www.rutherford.org/files_ima...ub_Opinion.pdf

    Complaint https://www.rutherford.org/files_ima..._Complaint.pdf

    WND EXCLUSIVE - Court to feds: Explain Marine's Facebook-postings arrest

    “Brandon Raub’s case exposes the seedy underbelly of a governmental system that continues to target military veterans for expressing their discontent over America’s rapid transition to a police state,” said John W. Whitehead, president of The Rutherford Institute.

    “While such targeting of veterans and dissidents is problematic enough, for any government official to suggest that they shouldn’t be held accountable for violating a citizen’s rights on the grounds that they were unaware of the Constitution’s prohibitions makes a mockery of our so-called system of representative government. Thankfully, Judge Hudson has recognized this imbalance and ensured that Brandon Raub will get his day in court,” he said.
    http://www.wnd.com/2013/08/court-to-...stings-arrest/
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    I wouldn't call it a "victory for free speech" ... just a judge ruling on a motion to dismiss.

    Happens every day. Almost all civil cases have this examination at one time in its litigation at least.

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    It was a motion to dismiss based on qualified immunity. Whomever "wins" the motion more or less wins the 42 USC 1983 case. IIRC, this incident was recorded on audio and video and there are no facts in dispute. Now is when you see the defense capitulate and settle.
    Last edited by Yard Sale; 08-09-2013 at 05:06 PM.

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by Yard Sale View Post
    It was a motion to dismiss based on qualified immunity. Whomever "wins" the motion more or less wins the 42 USC 1983 case. IIRC, this incident was recorded on audio and video and there are no facts in dispute. Now is when you see the defense capitulate and settle.
    Depending on the details, a settlement does not always equal capitulation.

    Except in the minds of keyboard kommandos who espouse an all-or-nothing scorched earth policy.

    stay safe.
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    Quote Originally Posted by skidmark View Post

    Except in the minds of keyboard kommandos who espouse an all-or-nothing scorched earth policy.

    .
    That's me, except for when it comes to money .... I doubt a settlement is quickly forthcoming .. maybe after discovery .. another year or two

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    Regular Member OC for ME's Avatar
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    Scorched earth worked for Sherman. Any "settlement" must require a admission of wrong doing. Termination from employment for those who locked that dude up, every single one of them. And permanent disbarment from any future work, in any capacity, with LE, not even as a janitor.

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    Quote Originally Posted by OC for ME View Post
    Scorched earth worked for Sherman. Any "settlement" must require a admission of wrong doing. Termination from employment for those who locked that dude up, every single one of them. And permanent disbarment from any future work, in any capacity, with LE, not even as a janitor.
    Ya like to say this but as a litigant, its all about $$$$$$$$$

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    Regular Member Elm Creek Smith's Avatar
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    Quote Originally Posted by JTHunter View Post
    Nice idea but you know as well as I do that this "ain't gonna happen"!
    They may admit wrongdoing and pay up, but the "agents" that did the deed will just be transferred, demoted, "re-assigned", etc.
    No one will get demoted. The way it works is: transferred, promoted, reassigned.

    ECS
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    " A year from now, ten, they'll swing back to the belief that they can make people... better. And I do not hold to that. So no more running. I aim to misbehave." - Malcolm Reynolds, Serenity

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    Quote Originally Posted by Elm Creek Smith View Post
    No one will get demoted. The way it works is: transferred, promoted, reassigned.

    ECS
    Maybe ... but if you are the plaintiff and win one million dollars, would you care anymore? Leave him on .. for your next payday !

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