Received police report from Madison PD on my detainment from three weeks ago

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So if you file pro-se and you lose, are you responsible for attorneys fees of those you filed against?

Not under the American rule. Each side pays their own costs, unless a law or contract states that you have to pay the other sides costs. As long as you have some basis in reality for filing the lawsuit, you aren't likely going to be penalized.

http://en.wikipedia.org/wiki/American_rule

I agree with the mission of all who exercise their rights, however, attitudes like yours are counterproductive at best and damaging at worst if that's how you present yourself to the public while exercising those rights.

I don't go out looking for a fight, I'm just not going to tolerate someone walking on my rights, and you shouldn't either. What is wrong with that?

It isn't hard, there are lots of sample forms already on the website (dickson city)


Secondly, I fully and completely understand the issue of not having time/money to take up the cause of fighting a legal battle.

I don't. Have you guys ever filed a Federal lawsuit? State lawsuit? Small claims even? I have. I even wrote up a thread here on filing pro-se lawsuits.

Wouldn't the Attorney for the defendant be the City Attorney?

Not necessarily. They likely have an insurance company that would pay and the insurance company will be driving the lawsuit defense. They tend to hire these things out to a local atty.


Then go through what he went through, and file.
Been there, done that. Hence the lazy comment.

Yes, very true. I would think that could be a possibility if they ask for attorney fees. Which I am sure the tyrants would.

They very well may ask, and they are quite unlikely to receive attorney's fees.

It seems flagrantly ignorant that someone with no knowledge of your situation can assume that you DON'T have kids and/or parents to attend to, a job (or two) to go to, a house being rebuilt, limited internet access... really the list of possibilities could go on.

You obviously don't know the time requirements for filing a lawsuit.

Again, the question of a legal fund is at hand.

Outside of paying the $350 filing fee, I don't see how one would be necessary. If you can read the dickson city lawsuit, you should be able to copy, paste, and change the dates and file your own.

A prevailing defendant rarely gets fees, and essentially has to show that the case was frivolous when filed.

Bingo! We have a winner.

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I have mentioned representing ones self a long time ago.

Got the same response then.

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It's awesome that some people can toss down a few hundred bucks on a lawsuit where they had no voice recorder, and testimony from a few friends in their 20s against police officers.

Some of us can't. Apparently if we're not rich, we're lazy.

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It's awesome that some people can toss down a few hundred bucks on a lawsuit where they had no voice recorder, and testimony from a few friends in their 20s against police officers.

Look, if you have no recorder, that is your own fault. You carry around a gun that costs hundreds of dollars, but can't spring for a $30 recorder?

Filing a lawsuit can cost ZERO dollars for those inclined to read. If you are really that broke, you present your case to the judge and they will likely grant an informa paupis. Of course you have to be willing to write up a lawsuit and file it....

Rich has nothing to do with it.

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codename_47 wrote:

It's awesome that some people can toss down a few hundred bucks on a lawsuit where they had no voice recorder, and testimony from a few friends in their 20s against police officers.

Look, if you have no recorder, that is your own fault. You carry around a gun that costs hundreds of dollars, but can't spring for a $30 recorder?

Filing a lawsuit can cost ZERO dollars for those inclined to read. If you are really that broke, you present your case to the judge and they will likely grant an informa paupis. Of course you have to be willing to write up a lawsuit and file it....

Rich has nothing to do with it.

Click to expand...

To reiterate:

wrightme wrote:

codename_47 wrote:

Understand, before you comment, that I do not have the time or finances to prosecute over this. I wish I did

The only thing I understand is that you are lazy. Filing a lawsuit is not that hard, you are just lazy and you don't want to do it. EVERY federal court website has a pro-se manual with forms, examples, flow charts, etc... If you want to pretend it is expensive and time consuming, fine suit yourself. You just shouldn't complain when you are hassled.

It isn't very expensive (informa paupis allows you to file without cost and you can serve the opposing party with a US marshal your only other costs are postage) and it isn't very time consuming. Your problem is one of motivation, not time and money.

Click to expand...

Then go through what he went through, and file.

It is his choice as to 'course of action' forward. It isn't yours, OCDOs, or mine. It is HE who must live with all consequences of his actions forward of this point. That does not make him "lazy," it only makes his choices different than yours. Get over it.

Click to expand...

It ain't your choice. It is his. Respect it.

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Do you know of any lawyers who would take the case on contingency? Then you would only have to produce minimal fees. I could certainly help you raise those.

check out: www.gunownersfellowship.com -- it's designed exactly for this sort of thing


Sometimes these types of people can be reasoned with and they will do what's right and not pursue. Other times, however, they must be taken to court. We could try a non-court remedy first. If they shape up, everyone is happy. If they keep harassing gun owners, then we'll have to take it to the next level.

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codename_47 wrote:

Understand, before you comment, that I do not have the time or finances to prosecute over this. I wish I did

The only thing I understand is that you are lazy. Filing a lawsuit is not that hard, you are just lazy and you don't want to do it. EVERY federal court website has a pro-se manual with forms, examples, flow charts, etc... If you want to pretend it is expensive and time consuming, fine suit yourself. You just shouldn't complain when you are hassled.

It isn't very expensive (informa paupis allows you to file without cost and you can serve the opposing party with a US marshal your only other costs are postage) and it isn't very time consuming. Your problem is one of motivation, not time and money.

Click to expand...

please remove that chip that sit's on your shoulder before, posting here. We are supposed to be here for each other, not calling names...

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We must all keep in mind we are working toward a common cause.

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J.Gleason wrote:

We must all keep in mind we are working toward a common cause.

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What he said

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J.Gleason wrote:

We must all keep in mind we are working toward a common cause.

Click to expand...

It almost seems like that common cause is effectively a class action lawsuit against the unified law enforcement agencies in the State of Wisconsin.

Certainly it is not to go out, get harassed, false arrested, guns stolen, and perhaps even maliciously prosecuted, then never to do anything truly punitive about it.

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Glock34 wrote:

J.Gleason wrote:

We must all keep in mind we are working toward a common cause.

Click to expand...

What he said

Click to expand...

I agree as well. We all do seem to share a common cause. But I've (mostly) been lurking here for a few months to determine what this site's mission statement is, it's plan of action. Yes, we want unobstructed open carry. But what route is being taken to accomplish this? I'm sure some will bash me but mostly I've seen picnics, bashing of the left, and challenging the authority of law enforcement.

I'm not necessarily against any of those things but I have to wonder if some of these things are done for the purpose of the movement's contentment(in other words, that at least something is being done) and maybe less thought is put into what is hoped to be accomplished.

For example, I believe reasonable thought and open discourse is often better than using a punch and hammer to get my point across. I can have the most rational, well thought out idea on something but if I start yelling at someone, use derogatory comments, and just basically insult them overall, that message is not being heard. As such, we have two female employees in the office who are (or were) big time anti-open carry(1 early 20's, one late 50's). I and another open carry guy in the office had simple, rational and reasonable conversations with them over a relatively short period of time about guns and rights, etc.

We eventually coaxed them to the range, taught them about handguns, they fired a few dozen rounds, and lo and behold, they're not anti-gunners anymore. Now, of course, that's only two people. But people tend to associate with like-minded people so many of their friends will also be anti-gunners. Guess what will happen? These 2 people are going to share their experiences with their anti-gunner friends and say things like, "oh yeah, I know a normal sane guy and he taught me about handguns and I actually shot one, my perspective is totally different than it used to be", or something to the effect.

They now have hands-on knowledge of something they were against. These two people are people who will NOT be calling 911 to report mwag. They will NOT be telling a store manager they are afraid. They will NOT be voting against someone simply as to his/her stance on open-carry.

Or we can continue to bash those that oppose us while at the same time expect them to succumb to our desire to exercise our rights. But I can tell you, that is the harder fight with a higher cost.

And I would also offer this: there are pro-gunners who are liberal and there are pro-gunners who are LEO. Just as if I were to say "those crazy right-wingers" would immediately turn most of you off to anything else I have to say, regardless of its credibility or authenticity, the same holds true when you bash liberals and LEOs.

Well, hey, I just burned the last hour of the week at work, so I'm done-

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GBU28;

You have some great points, but when have any of us ever experienced an anti behaving they way you suggest we act?

let us use Chris Matthews as an example and his "God-Damned Gun" rant on MSNBC is response to Koshnik (SP?) carrying outside of a rally.

I do not open up with a barrage of derogatory remarks when debating someone, I see how my opponent acts first, if they are screaming and yelling, the only way to get through to them is give it right back at them. if they are civil, they get civil treatment back.

I fear many of these liberal anti 2A people are actually mentally retarded, or live in some fantasy land and are unable to understand the cold hard truth of things. Your never going to get your point across to a moron. Especially when they are incapable of understanding the point.