Dickson city lawsuit--what has become of it?

gnbrotz · Mar 22, 2010

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Another ruling just handed down today. Because this case contains a 2A argument, it has been stayed pending a ruling from SCOTUS on McDonald v. Chicago, even though the majority of the defendants claims are 4A related. Two years later.....still no justice in sight.

http://paopencarry.org/dicksoncity/stayed_pending_mcdonald_decision.pdf

Grapeshot · Mar 22, 2010

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The justice on hold - judge hits pause button. :?

Yata hey

codename_47 · Mar 22, 2010

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I hate to blame the victims here, but they pretty much screwed themselves by being weak during the encounter. Unfortunately, such is often the case when people are weak.

You should never, ever have this "well, I thought I wasn't free to go...vs well I just asked them to accompany me...I never said they had to" stuff. I don't know how else to say it, but SACK UP. You can't be weak. You can't be afraid to force a confrontation, otherwise the cop will get off with "but I just asked him and he complied"

"Can we talk over here for a minute..."

"No, leave me alone, my food is getting cold"

" I need you to step over here with me..."

"I need you to go back to your car and eat a donut. Quit bothering me"

"Sir, you need to come with me."

"Actually I don't need to do anything but pay my taxes and die. Go away"

There should never, and I mean ever be any dispute as to if the encounter is consensual or not. This case illustrates why.

Deanimator · Mar 23, 2010

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codename_47 wrote:

I hate to blame the victims here, but they pretty much screwed themselves by being weak during the encounter. Unfortunately, such is often the case when people are weak.

You should never, ever have this "well, I thought I wasn't free to go...vs well I just asked them to accompany me...I never said they had to" stuff. I don't know how else to say it, but SACK UP. You can't be weak. You can't be afraid to force a confrontation, otherwise the cop will get off with "but I just asked him and he complied"

"Can we talk over here for a minute..."

"No, leave me alone, my food is getting cold"

" I need you to step over here with me..."

"I need you to go back to your car and eat a donut. Quit bothering me"

"Sir, you need to come with me."

"Actually I don't need to do anything but pay my taxes and die. Go away"

There should never, and I mean ever be any dispute as to if the encounter is consensual or not. This case illustrates why.

You are unfortunately correct. I carry a voice recorder wherever I go. No consent or even knowledge is required in Ohio, so long as you're a party to the conversation.

"Officer, am I free to leave? No? I have nothing to say without a lawyer present."

If he demands that I do something which he has no legal authority to demand, be it to show ID when I'm not carrying concealed or driving, or to stop recording, I will refuse. It's BETTER for me to be FALSELY arrested. That gives me real damages and an unambiguous act by the cop. I'm willing to be falsely arrested if he's willing to get sued and lose. It's NOT that hard of a job and if he can't do it without committing crimes or civil torts, I'll cheerfully bend him over the desk for his trouble.

I may not be able to beat the ride, but he won't beat the civil suit, judgment and wage garnishments.

gnbrotz · Oct 2, 2010

On 7/6/2010 Karen Gallagher filed for Bankruptcy. This placed an "automatic stay" on the proceedings in this case in which she is a defendant. This week the plaintiff's attorney has filed paperwork with the Bankruptcy Court seeking this stay be lifted.

Dickson city lawsuit--what has become of it?

gnbrotz

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Grapeshot

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codename_47

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Deanimator

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gnbrotz

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