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Thread: Chet settles for $15,000 in Harborfest gun arrest case (Virginia)

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    Regular Member Thundar's Avatar
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    http://hamptonroads.com/2008/12/norf...un-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.


    *********************

    Another win for the good guys. I wonder if this agreement means Chet cannot sue in State court. IIRC the 2A civil right claim was thrown out in federal court because the 2A was not recognized as being incorporated inder the 14th. Would love to see a state claim filed.


    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

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    Thundar wrote:
    Norfolk to pay $15,000 in Harborfest gun arrest case
    Link?????

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    Trust me guys...this settlement was for one small part of the case against the City of Norfolk and the individual police officers. More information will be shared in the future.

    http://hamptonroads.com/2008/12/norf...un-arrest-case



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    And why these plaintiffs must not settle for less than the full Monte (that can be Lottery Monte Carlo or exposure, depending on ones predilections).

    Merry Christmas, Mark, GOD JUL

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    Should anything like this ever happen to me,twoterms of the settlementwould be admission of wrongdoing and a subsequent change to policy & behavior so no one else has to deal with it again.

    I seriously doubt that I'd ever get those two terms though.

    *edit for clarity*

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    Regular Member ChinChin's Avatar
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    Why no comment from Chet? I thought this was not going to be setteled out of court on general principal pertaining to rights, and to get an admission of wrong doing on the PD's part?

    Not saying the decision WASN'T Chet's and his family's to make, nor that Chet made a right nor wrong decision (that can only be determined by Chet and his Wife) but I'm curious to know what prompted the decision to settle rather than see this to conclusion?
    The problem with the internet is nobody can really tell when youre serious and when youre being sarcastic. Abraham Lincoln

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    ChinChin wrote:
    Why no comment from Chet? I thought this was not going to be setteled out of court on general principal pertaining to rights, and to get an admission of wrong doing on the PD's part?

    Not saying the decision WASN'T Chet's and his family's to make, nor that Chet made a right nor wrong decision (that can only be determined by Chet and his Wife) but I'm curious to know what prompted the decision to settle rather than see this to conclusion?
    Renegade is Chet.

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    Thank you for your service, Renegade. I hope you get plenty more settlements and I hope you buy at least one gun with your $15k.

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    Moderator / Administrator Grapeshot's Avatar
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    Stay tuned for future episodes of "As Norfolk Turns." This is apparently not the whole enchilada.

    The 15K may only be the appetizer with the main course yet to come.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member Repeater's Avatar
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    Renegade wrote:
    Trust me guys...this settlement was for one small part of the case against the City of Norfolk and the individual police officers. More information will be shared in the future.
    Maybe you got a good deal, Chet, compared to this guy from Agusta, Georgia:

    Packing heat

    [SNIP]

    AUGUSTA, GA - In a settlement filed in District Court on Dec. 4, the Richmond County Sheriff’s Office admitted violating an Augusta man’s Fourth Amendment rights by seizing and holding his firearm.

    The settlement brings closure to a bizarre case that is equal parts highbrow constitutional philosophy and lowbrow absurdity.
    ...

    “If police officers can forcibly detain people any time they see them with a firearm, then the Second Amendment would cease to exist,” said Ed Stone, president of the gun rights group georgiacarry.org and co-counsel for Mead. “How can you bear arms if every police officer who sees you can stop you and detain you?” By settling out of court, Ellison saves the county the embarrassment of a trial and, potentially, quite a lot of money.

    “We agreed to settle it because, technically, we felt the officer made the wrong call,” he says, pointing out that had Mead won even a token judgment from a jury, the county would have had to foot Mead’s attorney fees, which would have been considerable.

    Though the settlement awarded Mead $1,000 in damages and over $3,000 in attorney fees, Mead’s frustration with the way the situation was handled remains high.



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    Lone Star Veteran DrMark's Avatar
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    Renegade wrote:
    Trust me guys...this settlement was for one small part of the case against the City of Norfolk and the individual police officers. More information will be shared in the future.

    http://hamptonroads.com/2008/12/norf...un-arrest-case
    Roger that!


    :celebrate



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    Regular Member 2a4all's Avatar
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    Way to go, Chet!

    These guys are slow learners. Apparently these lessons need to be retaught.

    They probably would've busted Yukon.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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    Repeater wrote:
    Renegade wrote:
    Trust me guys...this settlement was for one small part of the case against the City of Norfolk and the individual police officers. More information will be shared in the future.
    Maybe you got a good deal, Chet, compared to this guy from Agusta, Georgia:

    Packing heat

    [SNIP]

    AUGUSTA, GA - In a settlement filed in District Court on Dec. 4, the Richmond County Sheriff’s Office admitted violating an Augusta man’s Fourth Amendment rights by seizing and holding his firearm.

    The settlement brings closure to a bizarre case that is equal parts highbrow constitutional philosophy and lowbrow absurdity.
    ...

    “If police officers can forcibly detain people any time they see them with a firearm, then the Second Amendment would cease to exist,” said Ed Stone, president of the gun rights group georgiacarry.org and co-counsel for Mead. “How can you bear arms if every police officer who sees you can stop you and detain you?” By settling out of court, Ellison saves the county the embarrassment of a trial and, potentially, quite a lot of money.

    “We agreed to settle it because, technically, we felt the officer made the wrong call,” he says, pointing out that had Mead won even a token judgment from a jury, the county would have had to foot Mead’s attorney fees, which would have been considerable.

    Though the settlement awarded Mead $1,000 in damages and over $3,000 in attorney fees, Mead’s frustration with the way the situation was handled remains high.



    yes but they also got a declaration that his rights were violated, and they only kept his gun from him :P

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    Moderator / Administrator Grapeshot's Avatar
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    rmodel65 wrote:
    Repeater wrote:
    Renegade wrote:
    Trust me guys...this settlement was for one small part of the case against the City of Norfolk and the individual police officers. More information will be shared in the future.
    Maybe you got a good deal, Chet, compared to this guy from Agusta, Georgia:
    yes but they also got a declaration that his rights were violated, and they only kept his gun from him :P
    I would imagine that if this were to ever happen to him again, the sin-tax would be dramatically larger.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member riverrat10k's Avatar
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    Renegade,

    God bless you and your family this holiday season and throughout the year.

    Thank you for standing up for the those of us who believe in the 2A.

    Best of luck with any further legal actions.


    Remember Peter Nap and Skidmark. Do them proud. Be active. Be well informed. ALL rights matter.

    "An armed society is a polite society. Manners are good when you may have to back up your acts with your life."

    --Robert A. Heinlein

    Hey NSA! *&$# you. Record this--- MOLON LABE!

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    Regular Member ChinChin's Avatar
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    RedKnightt wrote:
    ChinChin wrote:
    Why no comment from Chet? I thought this was not going to be setteled out of court on general principal pertaining to rights, and to get an admission of wrong doing on the PD's part?

    Not saying the decision WASN'T Chet's and his family's to make, nor that Chet made a right nor wrong decision (that can only be determined by Chet and his Wife) but I'm curious to know what prompted the decision to settle rather than see this to conclusion?
    Renegade is Chet.
    D'Oh! Sorry Renegade!
    The problem with the internet is nobody can really tell when youre serious and when youre being sarcastic. Abraham Lincoln

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    "IIRC the 2A civil right claim was thrown out in federal court because the 2A was not recognized as being incorporated inder the 14th."
    Why do state Citizens insist on going into court "under" federal laws? Maybe because they don't understand (thanks to the public fool system) that states are superior to the federal gov't.

    UNLESS YOU'RE A "FEDERAL" CITIZEN, USE THE STATE CONSTITUTION!

    There are 5 (count them, 5) amendments (sic) that are not applicable to the states under the 14thA.

    The right to self-preservation and property (if there is no "bear arms" language) is the equivalent.

    Also, these are not "constitutional" rights, they are "natural" rights. The constitutions can not grant rights to people, any more than some other group of people can "grant rights" to anyone other than themselves.

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    Campaign Veteran marshaul's Avatar
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    A Constitutional right is a natural right which has been Constitutionally enumerated. Constitutional rights reflect natural rights, but they are not indistinct.

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    Nick the Sniper wrote:
    Why do state Citizens insist on going into court "under" federal laws?
    Maybe because civil rights cases are usually more easily won at the federal level (no locally corrupted politician judges)

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    Regular Member Virginiaplanter's Avatar
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    Nick the Sniper wrote:
    "IIRC the 2A civil right claim was thrown out in federal court because the 2A was not recognized as being incorporated inder the 14th."
    Why do state Citizens insist on going into court "under" federal laws? Maybe because they don't understand (thanks to the public fool system) that states are superior to the federal gov't.

    UNLESS YOU'RE A "FEDERAL" CITIZEN, USE THE STATE CONSTITUTION!

    There are 5 (count them, 5) amendments (sic) that are not applicable to the states under the 14thA.

    The right to self-preservation and property (if there is no "bear arms" language) is the equivalent.

    Also, these are not "constitutional" rights, they are "natural" rights. The constitutions can not grant rights to people, any more than some other group of people can "grant rights" to anyone other than themselves.
    Two Words: Sovereign Immunity

    Until Recently sovereign immunity barred all claims against the state or its actors except for the pittance under the Virginia Tort Claims act and even then it was iffy. Under the Federal Code Civil Rights Act 1983 the State's Sovereign immunity is breached.


    See: History of Sovereign Immunity in Virginia

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    Virginiaplanter wrote: Wow, Planter.

    Great info! I can't say enough about your website. Its beenvery informative.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Campaign Veteran marshaul's Avatar
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    Is that planter's website? If so, kudos; I use it all the time.

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    Regular Member Deanimator's Avatar
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    mark edward marchiafava wrote:
    One more thing you may want to add, if they try to pin you down on this:
    do not let them con you into signing a non-disclosure agreement.
    +100,000,000,000,000!

    If anything like this EVER happens to me, I will NEVER sign ANYTHING with a nondisclosure agreement. Violate my rights, then want to violate my 1st Amendment rights TOO? Don't bet on it. I reserve the right to talk about the officers and their department like dogs until the day I die. Websites, books, billboards, you name it. I'd crap on their names for DECADES.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

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    marshaul wrote:
    A Constitutional right is a natural right which has been Constitutionally enumerated. Constitutional rights reflect natural rights, but they are not indistinct.
    If they're not they wouldn't be no need to have so-called judges adjudicate, restrict or disregard them.

    Can anybody tell gravity how it's going to operate? What about earthquakes? Natural rights are parallel to natural law. They operate whether you like it or not. Murder, theft, and battery get the same reaction all over the planet, although the "response" may be different. But no matter, they are all alike frowned upon by the victims. And NOBODY can make a "rule" or "law" about them (legitimately anyway).

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    Sheriff wrote:
    The funny thing about sovereign immunity is the fact so many cops are still under the impressionthat it protects them so well as long as theysay they wereacting in good faith. The first line of defense is usually to claim "sovereign immunity, you can't sue my clients, Officer Malloy and Officer Reed were acting in good faith!" In the few cases I was forced to file lawsuits against rookie cops, sovereign immunity was always immediately overruled by the presiding judges.
    LEOs don't get sovereign immunity, when granted it is "qualified" immunity.

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