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Thread: So far So good.

  1. #1
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    Some of you are aware of the lawsuit that I'm currently pursuing in regards to getting pulled out of a NM movie theater for being Armed and not dangerous. Essentially OC and it made the manager nervous and a 911 call was placed, 6-7 police officers show up and pull me out of the theater, search me, take my gun, run the S/N and then give me a bunch of pointless retoric as to why I should in their opinion "excercise more discretion concering where I chose to open carry". Oh well.

    Anyway we just got the summary judgement back from the judge assigned our case and it was in our favor. He found the officer at fault for 4th amendment rights violations in accordance with Terry and a few other references.

    Now, all we have left is the jury to decide what damages might end up being. That happens in Jan. I'll update more later on.

  2. #2
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    nice

  3. #3
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    Congrats Mate
    A gun Owner Is A Citizen
    Anyone Else is a Subject

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    can you post a case number? BTW, you are my hero, and I seriously mean that. It won't be until more people like you stand up that cops will start getting the message.

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    Good Luck !!:celebrate

  6. #6
    Regular Member 45acpForMe's Avatar
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    Jizzzle wrote:
    Some of you are aware of the lawsuit that I'm currently pursuing in regards to getting pulled out of a NM movie theater for being Armed and not dangerous. Essentially OC and it made the manager nervous and a 911 call was placed, 6-7 police officers show up and pull me out of the theater, search me, take my gun, run the S/N and then give me a bunch of pointless retoric as to why I should in their opinion "excercise more discretion concering where I chose to open carry".
    Too bad you can't sue the movie theater for instigating the illegal search and detention. I would at least write and ask the theater and manager for a formal apology. The apology of course should be worded such that they welcome law abiding OC-ers in the future and respect the 2A. Good luck.

  7. #7
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    the case number will be out soon.one of the mods havemost of the info and i think he's going to be working on an article for the examiner on it.

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    Can this judgment be forwarded to the FBI for the purposes of seeing federalcriminal charges (18 USC sec's 241,242)pursued? Civil judgements are all well and good, but I personally think that the lesson won't be learned by other 'thug' types unless and until they are hit with CRIMINAL sanctionsfor their actions by the very system/laws they purport to enforce.

    (Are there state level laws where you live thatyou can pursue to criminalize their actions?)

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    here's a link that mike posted in the NM forum.



    http://opencarry.mywowbb.com/forum39/31252.html







  10. #10
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    Congrats to you and way to go for Judge Black!!

  11. #11
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    thanks.

    and i also really want to thank everyone who helped me out originally. i do really appreciate it. you know who you are. :celebrate

  12. #12
    Regular Member TFred's Avatar
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    I read the order linked in the post on the New Mexico forum, it looks like the judge left the battery claim for the jury as well, is that not the way you understood it?

    I found two particularly interesting points in the file:

    Footnote #5, which says:
    "Defendants [the police officers] contend that Mr. St. John was about to commit a crime because, had he refused to comply with their request that he leave the premises, he would have been trespassing."
    My emphasis, but wow, talk about putting the cart before the horse! Could you even begin to imagine the world we would live in if this ridiculous line of reasoning had prevailed?


    Later, on Page 11, under "St. John's Claim for Unreasonable Search", the judge writes:
    "Defendants [again, the police officers] lacked any reasonable suspicion for believing that Mr. St. John was armed and dangerous, as required by Tenth Circuit jurisprudence. See Davis, 94 F.3d at 1468. Defendants ask the Court to ignore the conjunctive phrasing of the rule and find, in essence, that anyone who is armed is, by virtue of that fact, dangerous. In light of the extensive, controlling and compelling jurisprudence to the contrary, the Court declines to do so."
    Wow... as Mike noted, it is quite refreshing that this judge saw through such a load of ... insert your favorite term ... and common sense will prevail.

    TFred

    ETA: Indents for clarity

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    Phssthpok wrote:
    Can this judgment be forwarded to the FBI for the purposes of seeing federal¬*criminal charges (18 USC sec's 241,¬*242)¬*pursued? Civil judgements are all well and good, but I personally think that the lesson won't be learned by other 'thug' types unless and until they are hit with CRIMINAL sanctions¬*for their actions by the very system/laws they purport to enforce.

    (Are there state level laws where you live that¬*you can pursue to criminalize their actions?)
    I actually agree with this, the cart before the horse type bs excuses need to be stopped. Good job sticking it out OP, I bet those cops remember you now and will leave you alone too!

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    Stop fantasizing, the FBI isn't going to investigate this. They never will. Don't believe me? Go ask them.

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    Read about your judgement. Cool, hopefully they will stick it to them bigtime.

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    Sweet! Congratulations.

    We need misbehavior by authorities punished more often.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

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    Congratulations on your win. I'm very happy that this has turned out well for you and for the blow struck for our freedoms.

  18. #18
    Regular Member Marco's Avatar
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    Congrats for Striking a blow for FREEDOM
    If you think like a Statist, act like one, or back some, you've given up on freedom and have gone over to the dark side.
    The easiest ex. but probably the most difficult to grasp for gun owners is that fool permission slip so many of you have, especially if you show it off with pride. You should recognize it as an embarrassment, an infringement, a travesty and an affront to a free person.


    ~Alan Korwin

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    Founder's Club Member Brass Magnet's Avatar
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    Congrats!

    This judgment was good timing for what happened in WI last night. Whena guy was arrested on his own friggen front porch.
    R[ƎVO˩]UTION

    ΜΟΛΩΝ ΛΑΒΕ

    Lex malla, lex nulla

  20. #20
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    codename_47 wrote:
    Stop fantasizing, the FBI isn't going to investigate this. They never will. Don't believe me? Go ask them.

    Don't give up. The FBI disappointed me. I went to the DOJ. See "Loveland Update" in the Colorado section. We'll see.

    And, YES, Jizzzle, WAY-TA-GO!!!!!!!!

    And, also, way-ta-go to your supporters. I am still hoping to find some more. I do much appreciate the supportive comments on this forum and personal support from friends. And, especially the support of one very special and courageous friend.

    I am still hoping for legal and/or financial support.

    (See the various Loveland threads in the Colorado section)


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    Regular Member thx997303's Avatar
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    Way to go for 10th circuit. Thank you for pursuing this.

    The country is now another step closer to the way it's supposed to be.

  22. #22
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    The Brady Bunch is most likely having a coniption fit over this court ruling. Has anyone heard any statments from them about it?

  23. #23
    Regular Member paramedic70002's Avatar
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    I would say you were dangerous, coming out of a movie theater like that. Just like John Dillinger, and they sure as snot shot him up real good!
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

  24. #24
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    how so?

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    paramedic70002 wrote:
    I would say you were dangerous, coming out of a movie theater like that. Just like John Dillinger, and they sure as snot shot him up real good!
    from this point on, sarcastic remarks should be made in aqua, as to avoid confusion. :P

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