Nevada...gold star state my ass

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BB62 (were you on the Big J?), I just mentioned the case in New Mexico. It's a fantastic case and everyone who open carries should study it. Thread is here: http://opencarry.mywowbb.com/forum39/31252.html

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BB62 wrote:

wewd wrote:

You need to get a lawyer right now and sue these cops' balls off. Your rights have been violated under the color of law. You need a civil rights attorney who will file a 42 USC 1983 lawsuit against them....

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EVERYBODY says this, but I've yet to find a single circumstance where one has done this (with an attorney on contingency), exceptingthose instances with extenuating circumstances (e.g. - minority member involved, excess force used, excess detention time, etc.). So far, I have yet to see a case where a lone individual who has been stopped or arrested go forward to a 1983 case.

Have I missed all of them?

If would be *really nice* if we collectively could figure out how to do so, because there are a boatload of cases that could go forward.

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have you taken a look at this?

http://www.nvd.uscourts.gov/Files/1983-instructions.pdf


http://www.nvd.uscourts.gov/Files/42.1983%20Civil%20Rights%20Complaint.pdf

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suntzu wrote:

have you taken a look at this?

http://www.nvd.uscourts.gov/Files/1983-instructions.pdf


http://www.nvd.uscourts.gov/Files/42.1983%20Civil%20Rights%20Complaint.pdf

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Yea, I was just getting ready to reply to BB62 about contingency cases. It's hard to get attorneys to take these on contingency because the award is usually NOMINAL DAMAGES referenced in the instructions (page 7 - Part E #2) which is generally $1.00 for each violation.

You can sue for mental distress, etc. but this can be a tricky one to prove in court. In the NM case, in addition to the 1983 action, the plaintiff also raised claims such as tortious battery. The judge deferred that to a jury to decide refusing to enter summary judgment.

In Nevada, the tort limit is $75,000. A $25,000 contingency can be juicy enough for some hungry attorneys to take a look at it, but my experience has been that most of the GOOD civil rights attorneys won't look twice at such small damages, preferring only to litigate cases involving significant personal injury.

But I'm still going to try. I have an attorney who's agreed to take the case, but we have to sort out just how much we can reasonably expect to win in court. If it winds up being minimal and he opts to remove himself, I'm still going to file pro-se and take my chances.

Tim

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You know why they want to dismiss the charges and give you back your gun, right?

They just F@cked up big time and know that you can sue them!

Visit http://www.ar15.com/forums/topic.html?b=1&f=5&t=925367&page=1

A federal judge just ruled that you can not be detained for OC.

Time to stick it to them!

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BB62 wrote:

wewd wrote:

You need to get a lawyer right now and sue these cops' balls off. Your rights have been violated under the color of law. You need a civil rights attorney who will file a 42 USC 1983 lawsuit against them....

Click to expand...

EVERYBODY says this, but I've yet to find a single circumstance where one has done this (with an attorney on contingency), exceptingthose instances with extenuating circumstances (e.g. - minority member involved, excess force used, excess detention time, etc.). So far, I have yet to see a case where a lone individual who has been stopped or arrested go forward to a 1983 case.

Have I missed all of them?

If would be *really nice* if we collectively could figure out how to do so, because there are a boatload of cases that could go forward.

Click to expand...

Prepaid legal services? Looks like it's $325 for the first year with 75 hours of legal services tossed in (prepaidlegal.com)

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I had a prepaid legal service offered through an employer once and the "free" service was things like mediation of disputes with neighbors and what-not. Any litigation was at a cost, albeit somewhat reduced, and the attorneys were all overloaded with work.

Don't know if that's the norm, but it was my experience with it.

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timf343 wrote:

I had a prepaid legal service offered through an employer once and the "free" service was things like mediation of disputes with neighbors and what-not. Any litigation was at a cost, albeit somewhat reduced, and the attorneys were all overloaded with work.

Don't know if that's the norm, but it was my experience with it.

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Yeah, I looked closer. It's if you're sued or if you are charged. If you want to sue, it's a discount.

Nvrmind, was hoping for something cheap and easy

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Prophet wrote:

I told them. Now, i guess I should've kept my mouth shut but I thought knowing the law and being completely in the right would've shielded me from this bull. Whoops. I basically told them "I have 60 days of being a resident before I have to register my firearm and i've only been here since Tuesday".

Hence, I told them I was here for more than a day. But I chalk that up to telling them something like I was wearing blue underwear and then they make up a ordinance violation to bust me with. That 24 hour thing is pure fiction and there is no way I could've forseen them pulling that on me. Misapplying ordinance violations, sure...making them up as they go? Wow.

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This could be another issue for the Nevada Chapter of the ACLU. You should report this to them.

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This could be another issue for the Nevada Chapter of the ACLU. You should report this to them.

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Prophet, you want to call Ms. Lee Rowland, northern coordinator ACLU of NV, at 775-786-1033. They are looking for this kind of case right now.

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I find this very interesting,living in UT and only 1.5 hours from LV.

I normally CC, but Nevada law now "Requires me" to OC, sincethey droppedreciprocity with UT. It would be nice if I could be assured that the Metro Officers have been trained correctly.

alsobe nice, if they are going to issue tools (guns) to the officers, they should be aware of the rules and laws that go with that tool they are carrying themselves!

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They're all required to take a training class by November 1 reinforcing to them that OC is not, by itself, enough of a lawful basis to conduct a non-consensual stop. I'm guessing most of them have taken it by now. It of course doesn't change the fact that they're only human and so it's impossible to say you won't be stopped at all.

That being said, absent lawful authority to detain you, it is of course within the officers right to approach and ask to speak with you. Handle it how you want. What I do is remain polite but assertive and firmly refuse to speak with them. Something like "No thanks man, I don't want to talk."

If they escalate, resisting them physically is probably not going to end well for you, so put your hands up if they tell you. If they try to handcuff you, protest verbally ("I do not consent to being detained."), but let them. If they try to take your gun, protest verbally ("I do not consent to a search of seizure of my property. You may not take my gun. You may not run the serial number. You may not unload it."), but don't try to stop them.

If this happens, your rights have been violated, and arguing with them is unlikely to get you very far (as my own experience tells me). Suck it up and file a complaint. Get a lawyer if you want.

In the consensaul stop, handle the consensual stop how you want. If the police do escalate the situation though, KEEP YOUR MOUTH SHUT beyond asserting your refusals. If they're treating you like a suspect, you best act like one and lawyer up.

When they say "ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU IN COURT." they neglect to mention "NOTHING YOU SAY CAN BE USED TO HELP YOU IN COURT." If they have enough to arrest you, they will. If they don't have enough to arrest you, they (probably) won't.

Every time I think like this, I feel weird. It is unfortunate law abiding citizens merely exercising their right to self-defense must keep their guard up around the good guys (cops). But remember, we didn't create the situation. The good guys did - the first time they stopped a law abiding citizen and accosted him for exercising his rights.

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Re: The training

Las Vegas Metro is the department that is going through this training. They patrol the City of Las Vegas as well as unincorporated Clark County.

There are many other departments in this state. Around Las Vegas, you could also run into the Nevada Highway Patrol, Henderson Police, North Las Vegas Police, and Boulder City Police. AFAIK, there is not a similar training currently being offered to those departments. I can't speak for the Reno area or rural Nevada.

Tim

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Just something anecdotal. I've contacted Henderson PD over the phone a few time and always gotten the response that OC was kosher. I'd take that as a good sign. I've yet to have any in person contact with HPD though.

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Uh,oh. My "not too America over there" alarm is going off. That's ok, it goes off here all the time.