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The Dickson Dozen Strike Back! (law suit filed)

M

Mike

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

See also http://www.thetimes-tribune.com/site/index.cfm?newsid=19770867&BRD=2185&PAG=461&dept_id=590572&rfi=8
- "Open Carry Group’s lawsuit names Dickson City cops"



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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
 
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HyDef

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

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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.
 
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ne1

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

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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.
Click to expand...
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.
 
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Mike

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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.
Click to expand...
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.
 
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Mike

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HyDef wrote:
I think the lawyer should have cited some of the relavent case law in there
Click to expand...
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.
 
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Wynder

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Mike wrote:
HyDef wrote:
I think the lawyer should have cited some of the relavent case law in there
Click to expand...
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.
Click to expand...
I really hope they don't settle.
 
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asforme

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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.
Click to expand...
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.
Click to expand...
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.
 
W

Wynder

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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.
 
Deanimator

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Wynder wrote:
Mike wrote:
HyDef wrote:
I think the lawyer should have cited some of the relavent case law in there
Click to expand...
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.
Click to expand...
I really hope they don't settle.
Click to expand...

+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.
 
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