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Thread: Gun-rights activist again sues Norfolk over '07 arrest

  1. #1
    Regular Member TFred's Avatar
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    This all happened before I came along here, but I didn't see anyone else post a link...

    http://hamptonroads.com/2009/06/gunr...over-07-arrest

    Gun-rights activist again sues Norfolk over '07 arrest

    NORFOLK

    A Yorktown advocate of the right to openly carry firearms has filed another federal lawsuit over his one-hour detention during the June 2007 Harborfest, this one alleging excessive force against four policemen involved.

    Chester "Chet" Szymecki Jr., who is proceeding without a lawyer, alleges that intentionally tight handcuffs and his physical removal from the festival site at Town Point Park caused pain and aggravated existing neurological problems. He seeks $2 million plus costs.

    The local criminal charge against him over wearing a holstered .45-caliber handgun at the festival was withdrawn. Virginia law prohibits localities from regulating firearms.

    The city settled a previous federal suit over the constitutionality of his arrest with a $15,000 payout before a scheduled December trial but admitted no wrongdoing.

    City Attorney Bernard Pishko said Thursday that the city's position is that there was no excessive force.

    "The officers' version doesn't confirm Szymecki's allegations," Pishko said.

  2. #2
    Regular Member CRF250rider1000's Avatar
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    TFred wrote:
    "The officers' version doesn't confirm Szymecki's allegations," Pishko said.
    ummm.............you think?

  3. #3
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    About time several zeros get added to these settlements. Nothing like a big chunk of your already shrinking municipal budget getting consumed by lawyer fees, court costs and juicy, six figure payouts for infringing on lawful activity with excessive force. Hope the lawsuit is successful. Maybe they'll train their officers in what the law really says. That would be far cheaper than trying to defend these kind of actions in court.

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    I just saw this on yahoo news under the local section. Wanted to post here but was beaten to it.

    Hope he wins big.
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    markand wrote:
    About time several zeros get added to these settlements. Nothing like a big chunk of your already shrinking municipal budget getting consumed by lawyer fees, court costs and juicy, six figure payouts for infringing on lawful activity with excessive force. Hope the lawsuit is successful. Maybe they'll train their officers in what the law really says. That would be far cheaper than trying to defend these kind of actions in court.
    +1

    You can bet the farm Chet was not the first person on who they decided to tighten down the cuffs for no reason.
    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?

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    Regular Member TFred's Avatar
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    CRF250rider1000 wrote:
    TFred wrote:
    "The officers' version doesn't confirm Szymecki's allegations," Pishko said.
    ummm.............you think?
    That Pishko fellow is one sharp cookie, eh? I bet he was at the top of his class in law school... anybody know where he got his law degree? I'm not sure any school would be willing to admit it at this point...

    TFred


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    Moderator / Administrator Grapeshot's Avatar
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    TFred wrote:
    CRF250rider1000 wrote:
    TFred wrote:
    "The officers' version doesn't confirm Szymecki's allegations," Pishko said.
    ummm.............you think?
    That Pishko fellow is one sharp cookie, eh? I bet he was at the top of his class in law school... anybody know where he got his law degree? I'm not sure any school would be willing to admit it at this point...

    TFred
    Pishko's post graduate training continues. :P

    I wish Chet all of the best in this.

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    Regular Member riverrat10k's Avatar
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    Good luck Chet!
    Remember Peter Nap and Skidmark. Do them proud. Be active. Be well informed. ALL rights matter.

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    Regular Member Thundar's Avatar
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    Disabled vet with family , all lawful conduct, false arrest, harm to disabled vet, city pays big.

    In a civil suit the standard for the jury will be who does the jury believe, the police officer who perpetrated a false arrest or the disabled vet who can show physical harm.

    I think Pishko will loose again.

    His record so far is:

    Gun Owners 4 Pishko 0

    Pishko is soon going to lose a multimillion dollar suit brought by the hula hoop lady as well.

    Man, with such a recalcitrant PD, you would think that the Norfolk City Council would hire a more capable lead counsel!
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

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    Thundar wrote:
    Pishko is soon going to lose a multimillion dollar suit brought by the hula hoop lady as well.
    Since CRS clouded my recollection of the "Hula-Hoop Lady", here is a link for those not familiar with this... http://hamptonroads.com/node/493500

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    Lone Star Veteran DrMark's Avatar
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    Best wishes, Chet!





  12. #12
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    Thundar wrote:
    Disabled vet with family , all lawful conduct, false arrest, harm to disabled vet, city pays big.

    In a civil suit the standard for the jury will be who does the jury believe, the police officer who perpetrated a false arrest or the disabled vet who can show physical harm.

    I think Pishko will loose again.

    His record so far is:

    Gun Owners 4 Pishko 0

    Pishko is soon going to lose a multimillion dollar suit brought by the hula hoop lady as well.

    Man, with such a recalcitrant PD, you would think that the Norfolk City Council would hire a more capable lead counsel!

    While not OC related, Norfolk must have unlimited funds to pay out

    Police dog bites 4yo - Dog was released into the house because a suspect was believed to be there

    http://www.wtkr.com/news/dp-local_do...,0,57423.story


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    Regular Member 2a4all's Avatar
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    Go for it, Chet!

    Illegitimis nil carborundum!
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  14. #14
    Campaign Veteran Dutch Uncle's Avatar
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    Chet and his fine family are neighbors of ours. He and his wife were subjected to the sleaziest "law enforcement" you can imagine; not the kind of behavior one would expect from professional officers. If I were an LEO, I'd want the NPD to straighten up, and stop sullying the reputation of all. ( I think the Norfolk Sheriff's Dep't played a role in this as well.)

    I know Chet sustained some significant injuries while active duty in our Navy, and I also know he isn't the kind of man to make things up or over-dramatize things. If anything, he's more stoic than most. If he says they aggravated his pre-existing neuropathy, he's telling the truth. I'm sure a jury will fully agree with him.

    I have no doubt that B. "Matlock" Pishko will claim the officers used furr-lined cuffs (the same they used on Dan) and that they gently massaged his hands and wrists with Intensive Care Lotion, but we all know better than that.

    BOHICA, NNPD!

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    Mrs. Szymecki and their kids weren't treated very well either.

  16. #16
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    Thundar wrote:
    Disabled vet with family , all lawful conduct, false arrest, harm to disabled vet, city pays big.

    In a civil suit the standard for the jury will be who does the jury believe, the police officer who perpetrated a false arrest or the disabled vet who can show physical harm.

    I think Pishko will loose again.

    His record so far is:

    Gun Owners 4 Pishko 0

    Pishko is soon going to lose a multimillion dollar suit brought by the hula hoop lady as well.

    Man, with such a recalcitrant PD, you would think that the Norfolk City Council would hire a more capable lead counsel!
    How about a more capable Chief of Police?
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

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    Regular Member Bulldog1967's Avatar
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    Go get 'em Chet!

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    Regular Member Decoligny's Avatar
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    TFred wrote:
    "The officers' version doesn't confirm Szymecki's allegations," Pishko said.
    "The alleged rapists version doesn't confrim the victim's allegations," the idiot said.

  19. #19
    Regular Member MeBaby's Avatar
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    Good luck and give'em Hell Chet!

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    So what's going on with this case?

  21. #21
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    Ordinarily, when there's a settlement of a civil suit, the parties will enter into a written agreement to do so. One standard clause of such agreements is a "mutual waiver and release of all claims". If there was such an agreement, then the plaintiff doesn't have standing to file suit and is likely to be hit with sanctions - he may end up having to pay the city's legal fees.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    ? Not following you. The previous 15k settlement was with the city and was based on the SSN issue. The CITY prevailed on the 4A claims. The current suit is against the OFFICERS who detained Chet (though the city provides their legal defense because they were acting in official capacity). I heard the depositions of the witnesses in the case did not go well for Chet - did that case settle as well?

  23. #23
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    I don't know, but ordinarily, a settlement extends to all those who are "in privity" with the parties to the suit. That included employees, agents, affiliates, etc etc. Andthe outcome of a prior suit isgenerally considered "res judicata", even in Virginia thanks to a fairly recent rule change, as to everyone one might have brought in as a party but didn't, and as to all claims arising out of the same events and circumstances. (Generally speaking. There are more details and wrinkles.) "Res judicata" means, "things already decided (and which we're not going to consider again)."

    I don't know the details of how the prior litigation went, I'm just pointing out some principles that may apply.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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