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Great summary judgment ruling on an OC case

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
imported post

The judge's opinion here is absolutely outstanding. I imagine this could help a number of people who have a court case brewing. The gist of the opinion is that by pulling an OCer out of a movie theater and searching him, the officers violated the plaintiff's fourth amendment rights. No qualified immunity was allowed.

Link to the opinion: http://opencarry.mywowbb.com/attachment.php?id=7856

Here is the New Mexico thread on it: http://opencarry.mywowbb.com/forum39/31252.html
 

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
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I just read the whole thing. Very, very good stuff. Cops must know that if they exceed their authority under the law and violate a person's rights, they can and WILL be held liable. In this state that means a 12031(e) check (if they opt to do it at all) and then a polite good-bye.
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
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1,247
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Connecticut USA
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I'm not supprised, a similar sitiuation occuredin the James Goldberg case at a Chili's in Connecticut.

I'd like to thank Open Carry for supplying the case information in such a prompt manner.

The Second Circuit Court of Appeals willhear oral arguments onthe Goldberg case September 17th of this month.

This is a whole new area of federal litigation, and you can expect more cases in the future.
 

bad_ace

Anti-Saldana Freedom Fighter
Joined
Feb 27, 2009
Messages
327
Location
Cupertino, California, USA
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Anecdotally, I walked in front of (4 feet from front bumper) two Deputies in my area and just got a wave. Either they read this decision before I did or they are tired of "checking" me.

Either way, progress.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
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Just as a brief update, the defendants settled with St. John on Friday, so chalk this up as a big win for OCers everywhere.
 
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