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Pennsylvania Sheriff Seeks Dismissal Of $1 Million Federal Lawsuit Brought By Meleanie Hain

nking

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marshaul wrote:
This thread turned idiotic fast. :quirky

i didnt bring it up just commented on it, but i will ask this whats idiotic about it?

We sit here and complain about all these rights we are entitled to, well what about that child what about it's rights?

Ok im off of it...... Go get em Meleanie!!!!
 

Virginian683

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Repeater wrote:
News Release December 26, 2008:

Attorneys for Lebanon County (PA) Sheriff Michael J. DeLeo today moved to dismiss a $1 million federal lawsuit brought by Meleanie Hain and her husband, asserting that the suit has no legal basis and should be thrown out.

Hain claims she is entitled to $1 million in damages, including “emotional distress” and loss of babysitting clients, after Sheriff DeLeo revoked her license to carry a concealed firearm following complaints from parents that Hain posed a danger to the community by openly carrying a loaded semiautomatic firearm to her 5-year-old’s soccer games. Hain’s husband is also seeking damages, claiming that the sheriff’s actions caused him to lose the “companionship, consortium, society and services” of his wife, according to the Hain’s complaint filed in the case.

OK, let me play the bad guy.

Does she deserve monetary compensation for violation of her civil rights? Yes. Does she deserve her permit back? Absolutely, yes.

But $1 million?

That must represent the largest babysitting clientele ever amassed by one woman in history.

And the idea of her husband suing for damages, when he wasn't even a party, sounds totally bogus. What "companionship" and "services" did he lose? Did his wife leave him over this? What nonsense.

This is a perfect example of what makes the civil courts in America utterly disgusting. And of course, the attorneys will probably take 50% if they win.
 

deepdiver

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Virginian683 wrote:
Repeater wrote:
News Release December 26, 2008:

Attorneys for Lebanon County (PA) Sheriff Michael J. DeLeo today moved to dismiss a $1 million federal lawsuit brought by Meleanie Hain and her husband, asserting that the suit has no legal basis and should be thrown out.

Hain claims she is entitled to $1 million in damages, including “emotional distress” and loss of babysitting clients, after Sheriff DeLeo revoked her license to carry a concealed firearm following complaints from parents that Hain posed a danger to the community by openly carrying a loaded semiautomatic firearm to her 5-year-old’s soccer games. Hain’s husband is also seeking damages, claiming that the sheriff’s actions caused him to lose the “companionship, consortium, society and services” of his wife, according to the Hain’s complaint filed in the case.

OK, let me play the bad guy.

Does she deserve monetary compensation for violation of her civil rights? Yes. Does she deserve her permit back? Absolutely, yes.

But $1 million?

That must represent the largest babysitting clientele ever amassed by one woman in history.

And the idea of her husband suing for damages, when he wasn't even a party, sounds totally bogus. What "companionship" and "services" did he lose? Did his wife leave him over this? What nonsense.

This is a perfect example of what makes the civil courts in America utterly disgusting. And of course, the attorneys will probably take 50% if they win.
My guess is that PA is like most places. If you sue for $1,000,000 you could be awarded anything from $0 - $1,000,000 in final judgment, but if you ask for say $20,000, you can be be awareded anything from $0 - $20,000.00. Because of that and because of the civil rights nature of the case and to get the plaintiff's attention, the atty sues for $1,000,000 a nice round number with no expectation on anyone's part that, no matter how well the case goes, ain't gonna be awarded that much.
 

Deanimator

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Virginian683 wrote:
Repeater wrote:
News Release December 26, 2008:

Attorneys for Lebanon County (PA) Sheriff Michael J. DeLeo today moved to dismiss a $1 million federal lawsuit brought by Meleanie Hain and her husband, asserting that the suit has no legal basis and should be thrown out.

Hain claims she is entitled to $1 million in damages, including “emotional distress” and loss of babysitting clients, after Sheriff DeLeo revoked her license to carry a concealed firearm following complaints from parents that Hain posed a danger to the community by openly carrying a loaded semiautomatic firearm to her 5-year-old’s soccer games. Hain’s husband is also seeking damages, claiming that the sheriff’s actions caused him to lose the “companionship, consortium, society and services” of his wife, according to the Hain’s complaint filed in the case.

OK, let me play the bad guy.

Does she deserve monetary compensation for violation of her civil rights? Yes. Does she deserve her permit back? Absolutely, yes.

But $1 million?

That must represent the largest babysitting clientele ever amassed by one woman in history.

And the idea of her husband suing for damages, when he wasn't even a party, sounds totally bogus. What "companionship" and "services" did he lose? Did his wife leave him over this? What nonsense.

This is a perfect example of what makes the civil courts in America utterly disgusting. And of course, the attorneys will probably take 50% if they win.
The Sheriff isn't going to be jailed for his civil rights violation, so that's the ONLY way to deter him in the future. That's the way it works in Chicago, even for murders committed by police. Nobody's ever prosecuted, or usually even administratively punished in any meaningful way. The ONLY recourse for the victims is civil litigation.
 

Orygunner

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Virginian683 wrote:

OK, let me play the bad guy.

Does she deserve monetary compensation for violation of her civil rights? Yes. Does she deserve her permit back? Absolutely, yes.

But $1 million?

That must represent the largest babysitting clientele ever amassed by one woman in history.

And the idea of her husband suing for damages, when he wasn't even a party, sounds totally bogus. What "companionship" and "services" did he lose? Did his wife leave him over this? What nonsense.

This is a perfect example of what makes the civil courts in America utterly disgusting. And of course, the attorneys will probably take 50% if they win.
Looking at it solely from a "how much did it really hurt" perspective, yeah, $1 millionseems pretty extreme.

However, like deepdiversaid, the final judgement may be quite less than that, and especially if it's "settled" out of court for an "undisclosed" sum (am I remembering correctly that ODCO member danbus has done this at least once with very limited effect?)

What if she sued for $10,000, do you think it would have gotten the national attention it has? What about $20,000? $1 Million is an attention getting figure meant to spark some controversy.

Sure, some people are going to think it's a rediculously high amount, but balance that against the number of people who will be curious enough to investigate the actual case, to read the news articles (which seem fairly balanced to this point) and the great quotes from Melanie about WHY she has filed the lawsuit. Look at the comments on the online news articles about this case so far. A few "she's nuts!" comments, the rest are at least somewhat supportive of her and what she's trying to do. The more national attention, the more people will begin to realize that our rights are being eroded and that Melanie is someone who is fighting against that! Not out of greed, but to make it publicly known that this Sheriff screwed up!

I just hope this goes all the way to court and that Melanie doesn't settle beforehand for "an undisclosed sum." The public have the right to know how her rights were violated, and the taxpayers in her county need to know how much their bonehead Sheriff cost them in taxes.


...Orygunner...
 

darthmord

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Repeater wrote:
News Release December 26, 2008:

Attorneys for Lebanon County (PA) Sheriff Michael J. DeLeo today moved to dismiss a $1 million federal lawsuit brought by Meleanie Hain and her husband, asserting that the suit has no legal basis and should be thrown out.

Hain claims she is entitled to $1 million in damages, including “emotional distress” and loss of babysitting clients, after Sheriff DeLeo revoked her license to carry a concealed firearm following complaints from parents that Hain posed a danger to the community by openly carrying a loaded semiautomatic firearm to her 5-year-old’s soccer games. Hain’s husband is also seeking damages, claiming that the sheriff’s actions caused him to lose the “companionship, consortium, society and services” of his wife, according to the Hain’s complaint filed in the case.

Hain stated in a Dec. 12, 2008, Philadelphia Inquirer article that she openly carries a loaded semiautomatic handgun because, “I don’t really need anything extra in the way of the gun if I’m going to have to pull it out and I’m holding a baby and trying to shuttle two or three other kids.”

The Legal Action Project of the Brady Center to Prevent Gun Violence is providing free legal assistance to Sheriff DeLeo. “It should be obvious to anyone that a civilian bringing an openly-carried, loaded semiautomatic weapon to a child’s soccer game poses a grave risk to the community,” said Daniel R. Vice, Senior Attorney at the Brady Center’s Legal Action Project.

The Brady Center supports common sense gun policies that protect children and communities from gun violence. Every day, eight children and teens are shot and killed by a firearm and 48 more are wounded. Firearms are the second-leading cause of death (after motor vehicle accidents) for young people ages 1-19 in the U.S. Persons carrying loaded guns in public have repeatedly been involved in shootings, including accidental shootings of innocent bystanders. Studies show that laws allowing the carrying of concealed firearms have not reduced crime and, if anything, have increased violent crime, including murder and robbery.

After Hain filed the lawsuit, the Brady Center to Prevent Gun Violence offered to provide free legal assistance to Sheriff DeLeo. DeLeo is represented by David L. Schwalm and Scott D. McCarroll of Harrisburg, Pennsylvania. Attorneys with the Brady Center’s Legal Action Project plan to assist DeLeo’s counsel throughout the case. The motion to dismiss was filed today in the United States District Court for the Middle District of Pennsylvania.

So in a single year... 2,920 children and teens are killed by guns and another 17,520 are wounded by guns.

Apparently the Brady bunch never bothered to look at vehicle related deaths involvingthe same segment of the population. Motor vehicles are by far more deadly than firearms. Simple physics bears that out as a car weighing in at 1+ tons will have more stopping power (against a BG) at 65 mph than your average firearm will shooting a round.

Hell, searching through disastercenter.com, the CDC, and other Google searches shows the firearm death rate overall is about 1/2 or less than that of thevehicle-related deaths (varies a bit by age range but firearms deaths are lower than vehicle deaths in the same age ranges; Also varies greatly by which site you get statistics from).

Sure would be nice if they provided their cites in their 'news releases'.
 

marshaul

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darthmord wrote:
Repeater wrote:
News Release December 26, 2008:

Attorneys for Lebanon County (PA) Sheriff Michael J. DeLeo today moved to dismiss a $1 million federal lawsuit brought by Meleanie Hain and her husband, asserting that the suit has no legal basis and should be thrown out.

Hain claims she is entitled to $1 million in damages, including “emotional distress” and loss of babysitting clients, after Sheriff DeLeo revoked her license to carry a concealed firearm following complaints from parents that Hain posed a danger to the community by openly carrying a loaded semiautomatic firearm to her 5-year-old’s soccer games.  Hain’s husband is also seeking damages, claiming that the sheriff’s actions caused him to lose the “companionship, consortium, society and services” of his wife, according to the Hain’s complaint filed in the case.

Hain stated in a Dec. 12, 2008, Philadelphia Inquirer article that she openly carries a loaded semiautomatic handgun because, “I don’t really need anything extra in the way of the gun if I’m going to have to pull it out and I’m holding a baby and trying to shuttle two or three other kids.”

The Legal Action Project of the Brady Center to Prevent Gun Violence is providing free legal assistance to Sheriff DeLeo.  “It should be obvious to anyone that a civilian bringing an openly-carried, loaded semiautomatic weapon to a child’s soccer game poses a grave risk to the community,” said Daniel R. Vice, Senior Attorney at the Brady Center’s Legal Action Project. 

The Brady Center supports common sense gun policies that protect children and communities from gun violence.  Every day, eight children and teens are shot and killed by a firearm and 48 more are wounded.  Firearms are the second-leading cause of death (after motor vehicle accidents) for young people ages 1-19 in the U.S.  Persons carrying loaded guns in public have repeatedly been involved in shootings, including accidental shootings of innocent bystanders.  Studies show that laws allowing the carrying of concealed firearms have not reduced crime and, if anything, have increased violent crime, including murder and robbery.

After Hain filed the lawsuit, the Brady Center to Prevent Gun Violence offered to provide free legal assistance to Sheriff DeLeo.  DeLeo is represented by David L. Schwalm and Scott D. McCarroll of Harrisburg, Pennsylvania.  Attorneys with the Brady Center’s Legal Action Project plan to assist DeLeo’s counsel throughout the case.  The motion to dismiss was filed today in the United States District Court for the Middle District of Pennsylvania.

So in a single year... 2,920 children and teens are killed by guns and another 17,520 are wounded by guns.
B.S.

Those "children and teens" include, and are thus predominantly composed of, gangbangers who also happen to be legal minors. The namesake of the term "infantry". These are not the "children" whose protection is implicitly invoked by the Brady Bunch.

Homicide is homicide.

If you want to address how dangerous guns are to kids -- you know, the kind that go to school with your own children -- the figures for accidental deaths of children by firearm are far more revealing. In 2005, 75 children were killed accidentally by firearms in the US.

Halt the presses! We have an epidemic on our hands! :what:


:lol:
 

shad0wfax

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marshaul wrote:
darthmord wrote:
Repeater wrote:
News Release December 26, 2008:

[snip]
The Brady Center supports common sense gun policies that protect children and communities from gun violence. Every day, eight children and teens are shot and killed by a firearm and 48 more are wounded. Firearms are the second-leading cause of death (after motor vehicle accidents) for young people ages 1-19 in the U.S. Persons carrying loaded guns in public have repeatedly been involved in shootings, including accidental shootings of innocent bystanders. Studies show that laws allowing the carrying of concealed firearms have not reduced crime and, if anything, have increased violent crime, including murder and robbery.

[snip]

So in a single year... 2,920 children and teens are killed by guns and another 17,520 are wounded by guns.
B.S.

Those "children and teens" include, and are thus predominantly composed of, gangbangers who also happen to be legal minors. The namesake of the term "infantry". These are not the "children" whose protection is implicitly invoked by the Brady Bunch.

Homicide is homicide.

If you want to address how dangerous guns are to kids -- you know, the kind that go to school with your own children -- the figures for accidental deaths of children by firearm are far more revealing. In 2005, 75 children were killed accidentally by firearms in the US.

Halt the presses! We have an epidemic on our hands! :what:


:lol:


+1 to you all.

"There are three kinds of lies: lies, damned lies, and statistics." -Benjamin Disraeli

The Brady Center knows how to skew their statistics.

EDIT: 17,520 + 2,920 = 20,440 Therefore we should be trying 20,440+ juveniles each year as adults, convicting them of felonies, and locking them up. The court system isn't serious about ending illegal gang violence and the prison system can't handle that many prisoners. We're too soft on crime. The only solution is an armed society.

Why am I preaching to the choir again?
 

KS_to_CA

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Repeater wrote:
The Brady Center supports common sense gun policies that protect children and communities from gun violence. Every day, eight children and teens are shot and killed by a firearm and 48 more are wounded. Firearms are the second-leading cause of death (after motor vehicle accidents) for young people ages 1-19 in the U.S. Persons carrying loaded guns in public have repeatedly been involved in shootings, including accidental shootings of innocent bystanders.
News Flash:

Brady Campaign for the Prevention of Motor Vehicle Accidents is seeking to have the following bills passed by the 111th Congress: ban civilian purchase of all motor vehicles used originally by the military, ban all motor vehicles that can run more than 15 mph, ban all motor vehicles that can seat more than 4 people, increase gasoline tax by 500%, make car manufacturers liable for motor accidents involving their car models, register all other motor vehicles, have a safety device such as steering immobilization device for cars parked at your home, and civilians cannot drive their motor vehicles in the presence of children. Motor vehicle drivers driving in public roads have been repeatedly involved in accidents involving innocent bystanders.


:banghead::banghead::banghead:
 

Statesman

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Repeater wrote:
News Release December 26, 2008:

Attorneys for Lebanon County (PA) Sheriff Michael J. DeLeo today moved to dismiss a $1 million federal lawsuit brought by Meleanie Hain and her husband, asserting that the suit has no legal basis and should be thrown out.
Sheriff DeLeo,

Monster.com lists lots of security guard jobs in PA, although most private companies won't hire someone who harass citizens. However, if you resign prior to being fired, this may not be as much of an issue.
 

shefearsnothing

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I saw that some of you were asking if the motion to dismiss was granted. I have not heard anything one way or the other from my attorney and have no idea how long this sort of thing takes. I am guessing it depends on how busy the court is. I will be speaking with him on Saturday though and I am sure we'll talk about it then. When I know something and it's ok to share I will be sure to post it here for all of you.

As for the question of "why 1 million dollars? how does her husband have any claim here?" My answers to those kind of questions are: I gave all of the information and documentation to my attorney. He was hired to do a job. He went to law school so I trust him to be the attorney and do that job. He went over all the info he had available to him and made an assessment of damages etc and filed the lawsuit accordingly. IANAL. :) (I am sure there is some truth to some of the answers others gave but really those are the only answers I am giving anyone).

Thanks again to all of you for your continued support. It really means a lot! :cool:
 

Orygunner

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Great to hear from you Melanie. Hope you're doing well and not too stressed over any of this.

I see nothing wrong with $1 million. I'm sure you're not going to get that much, but it's not a point of how much YOU are going to get, but how much THEY have to PAY in retribution for their screw up.

I hope that if it's a sizable enough award that you can find some way to use the money to help OC and gun rights in general. Maybe start an OC Defense fund, grants to low-income people for purchasing firearms and training. If you could dosomething positive with at least some of the money for rights in general that can do some good on a personal level.

I realize it's jumping the gun considerably (you haven't won nothin' yet), but I've thought about it and I know that's what I would do if I won a lawsuitover a rights violation.

...After I paid off all my bills and "enhanced" my firearms collection, of course :D...
...Orygunner...
 

JoeSparky

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Orygunner wrote:
Great to hear from you Melanie. Hope you're doing well and not too stressed over any of this.

I see nothing wrong with $1 million. I'm sure you're not going to get that much, but it's not a point of how much YOU are going to get, but how much THEY have to PAY in retribution for their screw up.

I hope that if it's a sizable enough award that you can find some way to use the money to help OC and gun rights in general. Maybe start an OC Defense fund, grants to low-income people for purchasing firearms and training. If you could dosomething positive with at least some of the money for rights in general that can do some good on a personal level.

I realize it's jumping the gun considerably (you haven't won nothin' yet), but I've thought about it and I know that's what I would do if I won a lawsuitover a rights violation.

...After I paid off all my bills and "enhanced" my firearms collection, of course :D...
...Orygunner...

One of MY frustrations is others spending the money that is NOT theirs!!!!

Melanie, from my perspective when all is said and done.... Spend YOUR money in any way you choose.

JoeSparky
 

Orygunner

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JoeSparky wrote:
Orygunner wrote:
Great to hear from you Melanie. Hope you're doing well and not too stressed over any of this.

I see nothing wrong with $1 million. I'm sure you're not going to get that much, but it's not a point of how much YOU are going to get, but how much THEY have to PAY in retribution for their screw up.

I hope that if it's a sizable enough award that you can find some way to use the money to help OC and gun rights in general. Maybe start an OC Defense fund, grants to low-income people for purchasing firearms and training. If you could dosomething positive with at least some of the money for rights in general that can do some good on a personal level.

I realize it's jumping the gun considerably (you haven't won nothin' yet), but I've thought about it and I know that's what I would do if I won a lawsuitover a rights violation.

...After I paid off all my bills and "enhanced" my firearms collection, of course :D...
...Orygunner...

One of MY frustrations is others spending the money that is NOT theirs!!!!

Melanie, from my perspective when all is said and done.... Spend YOUR money in any way you choose.

JoeSparky

So far that makes two votes for Melanie to "spend her money how she wants" including onewith asuggestion for how she might further the cause of gun ownership and Open Carry if she happens to have money left over.

Hmm. If she wins the lawsuit, I might have to start a poll. This could be a fun discussion.

No sense jumping the gun though... A win is quite a ways away... hang in there Melanie!
...Orygunner...
 

Deanimator

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Orygunner wrote:
JoeSparky wrote:
Orygunner wrote:
Great to hear from you Melanie. Hope you're doing well and not too stressed over any of this.

I see nothing wrong with $1 million. I'm sure you're not going to get that much, but it's not a point of how much YOU are going to get, but how much THEY have to PAY in retribution for their screw up.

I hope that if it's a sizable enough award that you can find some way to use the money to help OC and gun rights in general. Maybe start an OC Defense fund, grants to low-income people for purchasing firearms and training. If you could dosomething positive with at least some of the money for rights in general that can do some good on a personal level.

I realize it's jumping the gun considerably (you haven't won nothin' yet), but I've thought about it and I know that's what I would do if I won a lawsuitover a rights violation.

...After I paid off all my bills and "enhanced" my firearms collection, of course :D...
...Orygunner...

One of MY frustrations is others spending the money that is NOT theirs!!!!

Melanie, from my perspective when all is said and done.... Spend YOUR money in any way you choose.

JoeSparky

So far that makes two votes for Melanie to "spend her money how she wants" including onewith asuggestion for how she might further the cause of gun ownership and Open Carry if she happens to have money left over.

Hmm. If she wins the lawsuit, I might have to start a poll. This could be a fun discussion.

No sense jumping the gun though... A win is quite a ways away... hang in there Melanie!
...Orygunner...
How about a $1,000 scholarship to some defensive shooting school... in Sheriff Alzheimer's name! ;)
 

Thundar

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KS_to_CA wrote:
Repeater wrote:
The Brady Center supports common sense gun policies that protect children and communities from gun violence. Every day, eight children and teens are shot and killed by a firearm and 48 more are wounded. Firearms are the second-leading cause of death (after motor vehicle accidents) for young people ages 1-19 in the U.S. Persons carrying loaded guns in public have repeatedly been involved in shootings, including accidental shootings of innocent bystanders.
News Flash:

Brady Campaign for the Prevention of Motor Vehicle Accidents is seeking to have the following bills passed by the 111th Congress: ban civilian purchase of all motor vehicles used originally by the military, ban all motor vehicles that can run more than 15 mph, ban all motor vehicles that can seat more than 4 people, increase gasoline tax by 500%, make car manufacturers liable for motor accidents involving their car models, register all other motor vehicles, have a safety device such as steering immobilization device for cars parked at your home, and civilians cannot drive their motor vehicles in the presence of children. Motor vehicle drivers driving in public roads have been repeatedly involved in accidents involving innocent bystanders.


:banghead::banghead::banghead:
Don't forget car dealerships that sell vehicles used in car crimes (rogue dealers)will have their dealership licenses revoked.

l
 
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