Page 1 of 4 123 ... LastLast
Results 1 to 25 of 85

Thread: The Dickson Dozen Strike Back! (law suit filed)

  1. #1
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    UPDATES: News Report at http://www.thetimes-tribune.com/site/news.cfm?newsid=19768981&BRD=2185&PAG=461& amp;dept_id=614635&rfi=6

    See also http://www.thetimes-tribune.com/site...0572&rfi=8
    - "Open Carry Group’s lawsuit names Dickson City cops"



    --

    Four gun owners have filed a federal civil rights lawsuit in United States Federal District Court for the Middle District of Pennsylvania. The lawsuit seeks declaratory and injunctive relief, as well as damages and punitive damages for violations of their constitutional rights under the First, Fourth, Fifth, and Fourteenth Amendments to the United States Constitution by the Borough of Dickson City and members of the Dickson City Police Department.

    The law suit arises from the actions of Dickson City police officers responding to a call about a group of people peaceably eating dinner, some of whom were openly carrying holstered handguns, at the Old Country Buffet on Commerce Avenue in Dickson City, PA on May 9, 2008. The plaintiffs, one of whom was arrested for not providing identification, were doing nothing illegal or suspicious under Pennsylvania law and the police had no reason or authority to detain and search them, or confiscate their guns.

    Press reports on the Dickson Dozen police roundup: http://opencarry.mywowbb.com/forum46/10896.html




    Police report:http://paopencarry.org/policereport.pdf



    Complaint: http://paopencarry.org/complaint.pdf



  2. #2
    Regular Member
    Join Date
    Jun 2007
    Location
    Catasauqua, Pennsylvania, USA
    Posts
    3,047

    Post imported post

    pwned!


    Finally, some good news...


  3. #3
    Regular Member
    Join Date
    Jun 2008
    Location
    , ,
    Posts
    54

    Post imported post

    I think the lawyer should have cited some of the relavent case law in there, looks good though.

  4. #4
    Campaign Veteran deepdiver's Avatar
    Join Date
    Apr 2007
    Location
    Southeast, Missouri, USA
    Posts
    5,974

    Post imported post

    imperialism2024 wrote:
    pwned!


    Finally, some good news...

    +1
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

  5. #5
    Campaign Veteran
    Join Date
    Mar 2008
    Location
    Kalamazoo, MI
    Posts
    839

    Post imported post

    Two interesting things to play out in this case.

    The police report claims Richard Banks did not provide ID or a CHL even though he had a BUG concealed on his ankle. That may be a speedbump if it's accurate.

    The major win for the Dozen though is that the police report admits many times that they are checking who the gun is "registered" to. I would love to see a big can of worms opened to discover what kind of illegal registry is being kept.

  6. #6
    Banned
    Join Date
    Jan 2008
    Location
    Indiana, Pennsylvania, USA
    Posts
    674

    Post imported post

    Kick some ass, everyone.

  7. #7
    Regular Member dougwg's Avatar
    Join Date
    Nov 2007
    Location
    MOC Charter Member Westland, Michigan, USA
    Posts
    2,445

    Post imported post

    This is pretty cool.

  8. #8
    Campaign Veteran
    Join Date
    Dec 2007
    Location
    Niceville, Florida, USA
    Posts
    75

    Post imported post

    Hell Ya!!!

  9. #9
    Founder's Club Member
    Join Date
    Aug 2007
    Location
    Cottonwood Heights, Utah, USA
    Posts
    545

    Post imported post

    Sweet I'm very excited to hear the outcome of this.

  10. #10
    Regular Member
    Join Date
    Jul 2006
    Location
    , , USA
    Posts
    460

    Post imported post

    I actually wouldn't mind volunteering for jury duty on this one.

  11. #11
    Regular Member
    Join Date
    Sep 2006
    Location
    Cherry Tree (Indiana County), Pennsylvania, USA
    Posts
    1,155

    Post imported post

    The police report claims Richard Banks did not provide ID or a CHL even though he had a BUG concealed on his ankle. That may be a speedbump if it's accurate.
    Richard Banks identified himself verbally. Pennsylvania has no law requiring proof of identification (ID card, etc.). He was not required to show his LTCF for the BUG since Section 6122 of the UFA states the lawful command of an LEO is required for such. With the entire roust being unlawful to begin with, the so-called police report speedbump becomes nonexistent.


  12. #12
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    asforme wrote:
    The police report claims Richard Banks did not provide ID or a CHL even though he had a BUG concealed on his ankle. That may be a speedbump if it's accurate.
    The police are lying - Rich did provide his License to Carry Fierarms at time of arrest, as required by PA statute if the hyolder wishes to "at the time of arrest . . . [to rebut the]presumption of nonlicensure," 18 Pa.C.S § 6122, and the police did run said LTCF thru police verification - hence, they let him go after his "time out" in cuffs in the back of the squad car. had he had no LTCF, he no doubt would have been charged with the crime of carrying concealed without a license.

  13. #13
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    Statkowski wrote:
    The police report claims Richard Banks did not provide ID or a CHL even though he had a BUG concealed on his ankle. That may be a speedbump if it's accurate.
    Richard Banks identified himself verbally.
    Not that he had a duty to do so by law - Rich is just a nice guy.

  14. #14
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    HyDef wrote:
    I think the lawyer should have cited some of the relavent case law in there
    Not equiredin the complaint - that will come later in the motions battel - the City will likley move for the lawsuit to be dismissed for failure to state a complaint upon which relief can be granted and orassert a qualified immunity defense, and then move for summary judgement in their favor as a matter of law , and then, as the city will likley lose these motions motions,they will either settle or go to trial.

  15. #15
    State Researcher
    Join Date
    Jul 2007
    Location
    Bear, Delaware, USA
    Posts
    1,241

    Post imported post

    Mike wrote:
    HyDef wrote:
    I think the lawyer should have cited some of the relavent case law in there
    Not equiredin the complaint - that will come later in the motions battel - the City will likley move for the lawsuit to be dismissed for failure to state a complaint upon which relief can be granted and orassert a qualified immunity defense, and then move for summary judgement in their favor as a matter of law , and then, as the city will likley lose these motions motions,they will either settle or go to trial.
    I really hope they don't settle.

  16. #16
    Campaign Veteran
    Join Date
    Mar 2008
    Location
    Kalamazoo, MI
    Posts
    839

    Post imported post

    Statkowski wrote:
    The police report claims Richard Banks did not provide ID or a CHL even though he had a BUG concealed on his ankle. That may be a speedbump if it's accurate.
    Richard Banks identified himself verbally. Pennsylvania has no law requiring proof of identification (ID card, etc.). He was not required to show his LTCF for the BUG since Section 6122 of the UFA states the lawful command of an LEO is required for such. With the entire roust being unlawful to begin with, the so-called police report speedbump becomes nonexistent.
    Okay, thanks for the clarification. I really hope this goes to court. I really want to know more about this "registered owner" nonsense. I would love to see all hell break loose when the details of an illegal database are revealed.

  17. #17
    State Researcher
    Join Date
    Jul 2007
    Location
    Bear, Delaware, USA
    Posts
    1,241

    Post imported post

    I wonder if they could subpoena the contents of the database since it was used as part of the officer's determination in how they proceded.

  18. #18
    Regular Member
    Join Date
    May 2008
    Location
    Silverwood, Michigan
    Posts
    720

    Post imported post

    HELL YEAH, you go boys!

  19. #19
    Regular Member Deanimator's Avatar
    Join Date
    Sep 2007
    Location
    Rocky River, OH, U.S.A.
    Posts
    2,086

    Post imported post

    Wynder wrote:
    Mike wrote:
    HyDef wrote:
    I think the lawyer should have cited some of the relavent case law in there
    Not equiredin the complaint - that will come later in the motions battel - the City will likley move for the lawsuit to be dismissed for failure to state a complaint upon which relief can be granted and orassert a qualified immunity defense, and then move for summary judgement in their favor as a matter of law , and then, as the city will likley lose these motions motions,they will either settle or go to trial.
    I really hope they don't settle.
    +10,000

    Settlements usually include nondisclosure clauses. Somebody violates my rights in various ways, then wants to violate my 1st Amendment rights TOO??? Hardie's will sell edible food before I'd agree to THAT.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

  20. #20
    State Researcher
    Join Date
    May 2007
    Location
    Just a "wannabe" in Mtn. Top, Pennsylvania, USA
    Posts
    1,441

    Post imported post

    Complaint is being read on WILK (Sue Henry) radio show now:
    http://www.wilknetwork.com/

  21. #21
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    Pa. Patriot wrote:
    Complaint is being read on WILK (Sue Henry) radio show now:
    http://www.wilknetwork.com/
    I think the press in the greater Scranton area gets it - this is not really about guns per se.

  22. #22
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post


  23. #23
    Banned
    Join Date
    Jun 2008
    Location
    St Helens, Oregon, USA
    Posts
    340

    Post imported post

    sue for as much as you can. please attempt to get those officers fired.

  24. #24
    Regular Member
    Join Date
    Apr 2008
    Location
    Hinesville, Georgia, USA
    Posts
    187

    Post imported post

    johnnyb wrote:
    sue for as much as you can. please attempt to get those officers fired.
    Do we want them fired or do we want them trained the way they are supposed to be trained? As for the Chief, he can be fired.

  25. #25
    Regular Member
    Join Date
    Jun 2006
    Location
    , ,
    Posts
    1,169

    Post imported post

    What can be learned from these two letters to the paper?


    What a Scam!!
    I am sure these gentlemen had this whole plot set up and planned. They knew what the outcome was going to be and then would turn around and sue the city. Why didnt they pick a small restaurant with no one in it along a rural road? Why, because nothing like this would have happened. Nope, they had to go into the busiest, high traffic area where there was children and others and tote their guns out in the open on purpose. I am hoping this goes to trial and they lose. This is the biggest scam I have seen in the longest time
    Brian, Scranton, PA


    Added: Thursday June 12, 2008 at 02:41 PM EST

    I don't know if this is true or not but frankly it doesn't matter. The outcome was dictated by the DCPD. "Testers" are often used to check landlord compliance with civil rights laws, so doing a "carry-in" dinner isn't a scam. Visiting a black landlord in a predominately black area doesn't really serve the purpose of testing. The law is the same in Dickson City as it is any rural area. What is different is the attitude of the police in respecting the rights of citizens.

    LEECHES
    These open carry people are just foaming at the mouth. The dinner is just a sideline of their true objective and that is confrontation. They got what they wanted, attention and press. They talk about Jack Booted Thugs when referring to police and compare them to Nazis. Go read some of the vile at their website. If they are so high and mighty, they should learn some respect to earn some respect! They are one sided bigots, unwilling to listen to anyone but their own voice and opinion. I hope they lose this case then maybe they will wither and go away. The common citizen does not support this minority!!! They picked the wrong crusade to fight.
    Bob, NY


    I agree with Bob in part. Some of the OCDO postings are not very genteel. I am not talking necessarily about the people in the DC case. I am trying to demonstrate how perception is sometimes as important as reality. Let us strive for intelligent, rational but polite exchanges. Imagine yourself in front of a judge defending open carry. Do some of the posts reflect less than favorably upon you? This is not the neighborhood sandbox. Namecalling and so's your mother types of retorts have no value and no place in our movement. A cleverly worded jab now and then is one thing. Four-letter words, derogatory comments on physical appearance or questioning someone's legitimacy at birth are out of bounds. You will notice the demeanor of lawyers in court. Are they all well-bred saints? No - they just want to win and refuse to let silly behavior interfere with that goal.

Page 1 of 4 123 ... LastLast

Posting Permissions

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