So is the Chet/Harborfest settlement good news, bad news or old news that I've missed?

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http://hamptonroads.com/2008/12/norfolk-pay-15000-harborfest-gun-arrest-case

Norfolk to pay $15,000 in Harborfest gun arrest case By Harry Minium
Tim McGlone
The Virginian-Pilot
© December 18, 2008 NORFOLK
A Yorktown gun-rights advocate who sued Norfolk after his arrest at Town Point Park for openly carrying a handgun will receive a $15,000 payout to settle the federal lawsuit.
Chester "Chet" Szymecki Jr. sued the city after his arrest in June 2007 on a charge of violating a city ordinance prohibiting firearms at Harborfest. The city later learned that the ordinance is unenforceable because state law prohibits localities from regulating firearms.
Szymecki sued in U.S. District Court claiming violations of his Second Amendment right to bear arms, but a judge threw out that part of the case. The judge ruled, however, that city police may have violated Szymecki's privacy rights by demanding his Social Security number.
The case was scheduled for trial Tuesday.
City Attorney Bernard A. Pishko said the settlement avoids the high price of going to trial. The city did not admit any wrongdoing, he said.
Pishko said the police are aware of the rights of gun owners, largely because of several high-profile disputes involving gun-rights activists in Norfolk.
"I think the police are very aware, more aware than they might have been before," he said.
A federal judge threw out a related suit by Szymecki's wife, who claimed a sheriff's deputy violated her rights during her husband's arrest.






Feel free to delete this if it is indeed old news or discussed elsewhere.

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The Norfolk Police know the law? Then how do they explain the danbus situation? Fools.

I'm glad Chet won...but now I hope they give Dan a payout...plus a full newspaper page apology for being idiots...

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Thanks for posting this. If it was posted previous I had missed it.

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Just published 3 hours ago, and already several good comments. Recommend hitting the link to read them.

The original incident was June 2007, so almost a year and a half ago. I'm still "new", can anyone summarize why the judge threw out the 2A part? That would seem to be the most important!

TFred

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And again the city gets away with not having to admit any wrong doing.

I wonder if Chet will now be filing a case in state court for Norfolk trying to enforce the invalid city ordinance andphysically injuring him.

I hope he also got additional attorneys fees in the settlement.

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TFred wrote:

Just published 3 hours ago, and already several good comments. Recommend hitting the link to read them.

The original incident was June 2007, so almost a year and a half ago. I'm still "new", can anyone summarize why the judge threw out the 2A part? That would seem to be the most important!

TFred

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He filed a Federal Civil Rights violation lawsuit. The 2A part was thrown out because the court did not recognize the incorporation of the 2A under the 14th A. (The argument was that the 2A only applies to the federal government, not the states.)

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No unambiguous 2A-clone in VA law?

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Doug Huffman wrote:

No unambiguous 2A-clone in VA law?

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Perhaps that couldn't be addressed in the Federal Civil Rights suit and they either haven't brought or we haven't heard about a separate one to address that? (I have no idea, I'm just throwing a dart into a dark room with that...)

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SaltH2OHokie wrote:

City Attorney Bernard A. Pishko said the settlement avoids the high price of going to trial. The city did not admit any wrongdoing, he said.

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A settlement admits wrongdoing, IMHO. And I would like to think the majority of the population agrees with me. They can preach the high cost of going to trial until they are blue in the face.

A setlement comes to be when the defendent realizes there a good case against them. As a plaintiff against a police sergeant and one of his rookies, I had a county fight me tooth and nail from 1997 to 2003. Once the judge set a definite jury trial date, the county was knocking on my door asking to settle out of court. They also spewed forth the high cost of going to trial and admitted no wrongdoing. After7 years of fighting me tooth and nail, one more day in the courtroom would not have cost them very much if they felt they could win their case. :lol:

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Settling without admitting wrongdoing is kind of like an Alford plea.

But remember, IANAL...

TFred

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TFred wrote:

Settling without admitting wrongdoing is kind of like an Alford plea.

But remember, IANAL...

TFred

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Well, as I said above..... most intelligent people know a settlement indicates wrongdoing while the printed text or spoken word in the media doesn't. The old "high cost of going to trial" fools very few people.

My particular case was pretty high profile in the areain which I live. Even today, 5 years later,everybody I encounter laughs and jokes about the rookie's mistakes. Theyactually praise mywillingness to take a "fellow"officer to task for his mistakes. Before the lawsuits were filed, all I ever asked for was a press release that the rookie and his sergeant had made a mistake.The county and police chief refused.

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Doug Huffman wrote:

No unambiguous 2A-clone in VA law?

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Actually I think the 2A in the US Constitution is the *clone* :^).

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VA Bill of Rights, Article I, Section 13

"That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power."


Definition of Virginia Militia, Virginia Code § 44-1

"The militia of the Commonwealth of Virginia shall consist of all able-bodied citizens of this Commonwealth and all other able-bodied persons resident in this Commonwealth who have declared their intention to become citizens of the United States, who are at least sixteen years of age and, except as hereinafter provided, not more than fifty-five years of age. The militia shall be divided into four classes, the National Guard, which includes the Army National Guard and the Air National Guard, the Virginia State Defense Force, the naval militia, and the unorganized militia."

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essayons wrote:

VA Bill of Rights, Article I, Section 13

"That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power."


Definition of Virginia Militia, Virginia Code § 44-1

"The militia of the Commonwealth of Virginia shall consist of all able-bodied citizens of this Commonwealth and all other able-bodied persons resident in this Commonwealth who have declared their intention to become citizens of the United States, who are at least sixteen years of age and, except as hereinafter provided, not more than fifty-five years of age. The militia shall be divided into four classes, the National Guard, which includes the Army National Guard and the Air National Guard, the Virginia State Defense Force, the naval militia, and the unorganized militia."

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So the next step would be state court for violation of VA Bill of Rights, Article I, Section 13 right?

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Did the Court ALSO order payment of attorney's fees?

I would expect the attorney's fees to well-exceed $15K.

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W.E.G. wrote:

Did the Court ALSO order payment of attorney's fees?

I would expect the attorney's fees to well-exceed $15K.

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One of two things most likely took place:

1- The plaintiff had to pay his attorney fees out of the $15,000, which may or may not have left much for him. But at least he proved his point, which is often worth it's weight in gold.

or

2- The attorney was working on a contingency fee. An attorneyusually gets 33% to 40% of the net award or settlement if working on a contingency case.

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I can't believe the judge threw out his wife's case! She was threatened with arrest for trying to film the false arrest on her cell phone. How is this not a violation of her 1st amendment rights?:cuss::cuss::cuss::banghead::banghead::banghead:

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If the Szymeckis are satisfied, so am I.

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kimbercarrier wrote:

I can't believe the judge threw out his wife's case! She was threatened with arrest for trying to film the false arrest on her cell phone. How is this not a violation of her 1st amendment rights?:cuss::cuss::cuss::banghead::banghead::banghead:

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You forget, the courts are part of the government - they might be "separate" but they all have the same interests, the power of the government.

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hsmith wrote:

kimbercarrier wrote:

I can't believe the judge threw out his wife's case! She was threatened with arrest for trying to film the false arrest on her cell phone. How is this not a violation of her 1st amendment rights?:cuss::cuss::cuss::banghead::banghead::banghead:

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You forget, the courts are part of the government - they might be "separate" but they all have the same interests, the power of the government.

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Hillary heard the news about his wife.