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Sheriff DeLeo moves to Dismiss soccer mom's law suit

Mike

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http://www.pennlive.com/midstate/index.ssf/2008/12/lebanon_sheriff_asks_court_to.html



Lebanon sheriff asks court to dismiss gun owner's suit
by MONICA VON DOBENECK, Of The Patriot-News
Friday December 26, 2008, 4:54 PM
large_hain.jpg
CHRIS KNIGHT, The Patriot-NewsGun owner Meleanie Hain speaks to the media after her gun permit hearing at the Lebanon County Courthouse in Lebanon on Oct. 14.Attorneys for Lebanon County Sheriff Michael J. DeLeo today moved to dismiss a $1 million federal lawsuit brought by Meleanie Hain and her husband, saying 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 baby-sitting clients, after DeLeo revoked her license to carry a concealed firearm following complaints from parents that Hain openly carried a loaded gun to her 5-year-old's soccer games. A judge later reinstated the permit.


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 Hains' complaint filed in the case.

The motion to dismiss was filed today in the U.S. District Court for the Middle District of Pennsylvania.

DeLeo is represented by David L. Schwalm and Scott D. McCarroll of Harrisburg. Attorneys with the Brady Center to Prevent Gun Violence offered free legal assistance and plan to assist DeLeo's counsel, according to Daniel R. Vice, senior attorney for the Brady Center.

"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," Vice said
 

diesel556

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Mike wrote:
"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," Vice said
So he's insinuating that the Sheriff is capable of determining a citizen's risk factor to the community based on the legal activities in which that citizen chooses to engage?

Does his opinion even matter?
 

david.ross

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He said 'civilian', which indicates all law enforcement not in the military...

So... a member of the armed forces is okay in his opinion? >.> Odd...

I'd love for his explanation why open carry is a danger, I really would.
 

marshaul

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Obviously, it's far preferable to have armed soldiers stationed at soccer games than for a few parents to take proactive responsibility for the safety of everyone present.
 

Aran

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marshaul wrote:
Obviously, it's far preferable to have armed soldiers stationed at soccer games than for a few parents to take proactive responsibility for the safety of everyone present.
Well duh, soldiers never kill innocent bystabahahaaaaahahahahahaha I can't finish that sentence.
 

tdyoung58

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"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," Vice said
No greater risk to the community than the drug addicts and criminals that live in the Low Income Housing right next to the Soccer Field. Fact is Meleanie makes that part of the community safer fro her children and herself by her being there with a "openly carried, loaded, semiautomatic weapon."

But of course we all know how effective the police and gun laws are, just look at Washington, DC, Detroit, New Jersey and New York, Chicago.... very effective at keeping the crime rates high somore federal dollars keep flowing into them.
 

Carnivore

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I can't believe this sheriff hasn't been put on administrative leave..

He's in the process of becoming quite a $,$$$,$$$liability to the county..
 

DocV

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Carnivore wrote:
I can't believe this sheriff hasn't been put on administrative leave..
He is elected to the office. He would have to be impeached (or whatever the proper term is for PA)
 

shefearsnothing

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Well the elections are this year...he is quoted in the paper yesterday saying that he plans on running and winning yet again. At this time there is no one running against him so he'll get his wish as the voters won't even have another option unless someone steps up. Sure as hell hope that doesn't happen. :(
 

david.ross

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Why don't you run for sheriff? :D

I'd love to run if it weren't so far from Pittsburgh. All you're required to run is the intent to stay in PA and in the area in which you're running.
 

Grapeshot

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Carnivore wrote:
Nominate Malanie Hain..;)
I second the motion.

All in favor say "Yea!" :celebrate

Come on Meleanie didn't I see somewhere that you wanted to pursue such a career. This would seem to be written in the stars. Poetic justice if ever it existed.

Yata hey
 

shefearsnothing

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I can't run. It wouldn't be good for the pending lawsuit. I could not stop anyone from writing my name in on their own though...... I would never campaign for that but it would be hilarious if people did it. :lol:
 

Grapeshot

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shefearsnothing wrote:
I can't run. It wouldn't be good for the pending lawsuit. I could not stop anyone from writing my name in on their own though...... I would never campaign for that but it would be hilarious if people did it. :lol:
Okay Pennsylvanians - the challenge has been made.

Wanna make a statement? A REALLY big statement.

A vote for Meleanie Hain is a vote for your rights & a decent Sheriff.

I love win/win situations.

Yata hey
 

Carnivore

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I had a discussion with my brother inlaw while out in Gettysburg, He ask me why I thought Mrs. Hain needed a gun at a kids soccer game ?

I then ask doug why he thought we had mass shootings at Malls?Sporting events?Christmas Parties?or anyplace where folks would gather for an innocent outing of activity that was far removed from the thought of having to have to defend yourself,

He replied because someone just goes whacko!

I said No, the whackos are already out there moving about, their just looking for the place to find the most vulnerable/innocent, and unsuspecting and defenseless victims, seeing a firearm on this womans side is probably the most proactive way to deter anyone from pulling this crap in your presence, she not only isn't willing to be a victim, she's basically put herself out in front of someone who may consider such an act in this innocent defenseless crowd at a childrens event.

Then I asked, when was the last time you heard of someone busting into a troop station of state police to shoot as many people as possible as fast as possible and try to make the headlines?

He says never, I askwhy do you think that is so? He said because there's guns in there. I said there you have it, Onedeterance of violence is the thought that someone may be able to shoot back..



Mel. I'd be willing to bet you have two supporters in the gettysburg area even though they can't vote in your county, go ahead and light that match, I'd bet you'll have a chance at beating that jerk that already feels he's a shoo in..
 
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