News Article Documents Successful Suit Against Gonzales, LA for Police Harassment of Open Carrier!

mark edward marchiafava · Sep 30, 2008

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Yale, and he's a LAW PROFESSOR. Makes you wonder what's being taught in "law" schools these days.
I've already communicated with him, maybe some of you should do so, also.

Sonora Rebel · Sep 30, 2008

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Congrats on winning this case Mark... no matter the recompense. (Altho that's a nice bone to chew...) Maybe the LEO's in LA and elsewhere will take note of this. Maybe?

mark edward marchiafava · Sep 30, 2008

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Oh, I'm sure they "took note", alright. Guarantee you some of them WILL be eager to stop me for something.
I've had people overhear cops making comments to the effect of "If I run into him, I'm going to take him down, hard."
Welcome to the police state of Louisiana.

Mtn Jack · Oct 1, 2008

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Yea Mark i was told this also, and guess what ? they did. Thanks for standing up. Mtn Jack

mvpel · Oct 1, 2008

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I've sent the public records request to the Gonzales PD records division, including the court case cite. It should arrive there by Friday or Monday, certified mail with return receipt. We'll see what they do with it.

Mike · Oct 1, 2008

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mvpel wrote:

I've sent the public records request to the Gonzales PD records division, including the court case cite. It should arrive there by Friday or Monday, certified mail with return receipt. We'll see what they do with it.

I recommend you send a new request to the City Manager - the police don't keep records of civil litigation.

mvpel · Oct 1, 2008

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Probably a lot to assume that they'll be sensible enough to forward the request to the person who actually has the record, eh?

I'll give 'em a couple of days after I get the return receipt back, and if I don't hear anything I'll follow up.

jbone · Oct 1, 2008

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Good win!

Hows the Marine doing on Oceanside, CA.

JimMullinsWVCDL · Oct 1, 2008

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mvpel wrote:

Probably a lot to assume that they'll be sensible enough to forward the request to the person who actually has the record, eh?

No. Most FOIA laws I've read only obligate the person to whom you directed the request to provide the record if they actually have it and do not obligate them to tell you how to get it if someone else has it (even if they have actual personal knowledge of where it is, if it's outside their control). You have to identify the correct custodian of records and make a proper request of the actual custodian.

mark edward marchiafava · Oct 1, 2008

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Mtn Jack wrote:

Yea Mark i was told this also, and guess what ? they did. Thanks for standing up. Mtn Jack

Yea, when I read the account of your visit to the park, I thought, "my kinda guy !!!"
Thank YOU for standing up !!
Shame we live so far apart or else we could have one heck of a time..........!!!

Mark

mvpel · Oct 10, 2008

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I just got the return receipt back today - my records request was delivered to J M Villeneuve or something like that on October 6.

We'll see what happens.

Fallschirjmäger · Oct 10, 2008

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mvpel wrote:

Yeah, it's no problem, just a certified one-page letter, I expect. I'll get it out the door this week. Just didn't want to jump in if someone was already working on it.

Just because someone else is doing it doesn't mean you can't do it as well. Heck, Everyone in the Alamama chapter sould make the request

.

Make them work, make them frustrated, make them get the word out that they are Tired of having FOIA requests being done because some idiot decides not to follow the law. I'm sure the word would get spread amongst LE in Louisiana.

mvpel · Oct 11, 2008

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Well, he didn't do much work.

Here's the sum total of the reply, handwritten on the bottom of the letter I sent:

Confidential settlement. Inquireis should be made to:

RISK MANAGEMENT, INC.
P.O. BOX 4177
BATON ROUGE, LA 70898-4177

Chief Bill Landry

I'll scan it in later on this weekend.

I'll let folks know my next step after I take it, no sense tipping one's hand too early. PM me if you're curious.

Mike · Oct 12, 2008

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mvpel wrote:

Well, he didn't do much work.

Here's the sum total of the reply, handwritten on the bottom of the letter I sent:

Confidential settlement. Inquireis should be made to:

RISK MANAGEMENT, INC.
P.O. BOX 4177
BATON ROUGE, LA 70898-4177

Chief Bill Landry

Click to expand...

I'll scan it in later on this weekend.

I'll let folks know my next step after I take it, no sense tipping one's hand too early. PM me if you're curious.

Address your request to the chief executive of the localitiy in question - and note in your request, as stated in this thread, thata public body must disclose the amount of the settlement when a proper request is made pursuant to the Louisiana open records statute. Times Picayune Pub. Corp. v. Board of Sup'rs of Louisiana State University, 845 So.2d 599 (La.App. 1 Cir. 2003), writ denied, 852 So.2d 1044 (La. 2003).

mvpel · Oct 12, 2008

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I put that cite in my letter to him, apparently I also needed to explain that it meant that there's no such thing as a "confidential settlement" for a public body.

mark edward marchiafava · Oct 12, 2008

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Don't be surprised if/when someone tells you Risk Management, Inc is NOT a public entity, but a private insurer.

KBCraig · Oct 13, 2008

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mark edward marchiafava wrote:

Don't be surprised if/when someone tells you Risk Management, Inc is NOT a public entity, but a private insurer.

And don't settle for anyone telling you that Risk Management, Inc., was a part to the settlement. They weren't. They just wrote the check for the amount the city agreed to pay.

The city's agreement is the focus of the FOIA request. The mayor, as chief executive of the city, is the one to address.

mark edward marchiafava · Oct 13, 2008

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From what I heard and witnessed, Risk Management Inc is an insurer for numerous municipalities. Without further checking, it very well may be a private entity vs a governmental agency. As such, they escape the public disclosure laws. It appears the city of Gonzales pays premiums to them pretty much the same way we pay homeowner's premiums to insure our homes.
The payments issued by Risk Management Inc don't appear to be the monies of the city of Gonzales, but from Risk Management's own funds.
Just as curious as the rest of you to know the particulars.

charlie12 · Oct 13, 2008

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From the Louisiana Sec. of State website.

Mark you see who's name is on here?

Louisiana Secretary of State
Detailed Record
Charter/Organization ID: 34216407D

Name: RISK MANAGEMENT, INC.

Type Entity: Business Corporation

Status: Active

Annual Report Status: Not In Good Standing for failure to file current Annual Report

Last Report Filed on 08/17/2007

2008 Annual Report is required at this time Print Annual Report Form For Filing

Mailing Address: P. O. BOX 14177, BATON ROUGE, LA 70808

Domicile Address: 700 N. 10TH ST., STE. 300, BATON ROUGE, LA 70802

File Date: 08/18/1986
Registered Agent (Appointed 8/18/1986): CHARLES S. MCCOWAN, JR., 22ND FLOOR ONE AMERICAN PLACE, BATON ROUGE, LA 70825

Registered Agent (Appointed 8/03/2001): TOM ED MCHUGH, 700 N. 10TH ST., BATON ROUGE, LA 70802

Secretary/Treasurer: KATHY RICHARD, 700 N. 10TH ST., STE. 300, BATON ROUGE, LA 70802

President: TOM ED MCHUGH, 700 N. 10TH STREET, BATON ROUGE, LA 70802

Director: CLARENCE HAWKIINS, 700 N. 10TH ST., STE. 300, BATON ROUGE, LA 70802

mark edward marchiafava · Oct 13, 2008

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Yup, our old friend, Tom "two-faced" McHugh.
That right there speaks volumes.

News Article Documents Successful Suit Against Gonzales, LA for Police Harassment of Open Carrier!

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