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Judgement entered in favor of Wisconsin Carry v. City of Racine and 2 Racine Police Officers

Lurchiron

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Apr 7, 2009
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Dustiniac wrote:
I've got to say, "Master" Doug is a troll.

Judgement good...dessention; not so much :uhoh:.

I've got to say, "Dustiniac" post count islow for such a statement :banghead:.
 
M

McX

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this morning i scanned the local paper for an announcement regarding wisconsin carry's win on the lawsuit. i found nothing. interesting; the local paper was quick to report of the 'incident', and quick to report of a conspiracy to 'bait the police', but yet is now slow to report of the win by wisconsin carry.
because of problems with my local politically correct neighbors, as well as household security issues, i intend to open carry on my property. warm up your protest signs boys, i have a feeling the first time i venture out into my yard open carrying we'll be needing them. no smiley faces on this one.
 
M

McX

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how will they enforce the judgement if it's vague? sounds like it's a win, but the classic: i didn't do it applies.
 

J.Gleason

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Chilton, Wisconsin, USA
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Wait!

This is good news but what about the GFSZ's? Nothing was determined on this issue.
Wasn't this the main purpose of the suit?

In reading Nik's post about further litigation, does that mean we have to file a new complaint? or have those matters already been set for a new hearing?
 

bnhcomputing

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Everybody just calm down.

B R E A T H

The lawsuit continues on. This is Racine and the two LEOs admitting they screwed up and for $10K they( Racine and the officers) are dropped from the suit and only in as much as it pertains to their violation of Frank's rights. The challenge of the GFSZA continues....

This is a victory, Racine agreed to a precedent setting judgment putting all other police departments on notice that harassing an OC will be costly.

This is just the beginning. Look at as a 15-round boxing match. We won round one. Let's rejoice for a few minutes and then on to round two.
 

davegran

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Cassville Area -Twelve Miles From Anything, Wiscon
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Wisconsin Carry, Inc. - Chairman wrote:
For informational purposes, the other plaintiffs and other issues in the original complaint including the challenge to the constitutionality of Wisconsin's Gun-Free-School-Zone-Statute remain to be litigated in the future.

Nik Clark
Chairman - Wisconsin Carry, Inc.
nik@wisconsincarry.org
I want to state right from the get-go that I am not being confrontational or argumentative. Like many of us without a law degree, I'm just trying to understand what has happened and what has been changed because of this judgement:

"Pursuant to Fed. R. Civ. P. 68(a),
IT IS ORDERED that judgment in the amount of $10,000.00, inclusive of attorney’s fees and costs, [emphasis added] is entered in favor of plaintiffs, Wisconsin Carry, Inc., and Frank Hannan Rock and against defendants, City of Racine, Sgt. Nethery, and R. Prince, as to all claims of said plaintiffs, state and federal, respecting this action."


According to the original complaint, this is what was being sought:


"Prayer for Relief

Plaintiffs demand the following relief:

55. Damages to Bernson and Hannon Rock for their wrongful arrests and searches and seizure of their property and for the wrongful retention of their property.

56. A declaration that the Wisconsin Gun Free School Zone Act is unconstitutional as applied to Bernson and Hannon Rock.

57. A declaration that the Wisconsin Gun Free School Zone Act unconstitutionally deprives Plaintiffs of a meaningful opportunity to bear arms and is unconstitutional on its face and as it applies to WCI's members.

58. An injunction prohibiting Defendants from denying Plaintiffs the right to carry firearms in their own homes.

59. An injunction prohibiting Defendants from enforcing the Wisconsin Gun Free School Zone Act to the extent the Act is unconstitutional.

60. Attorney's fees and costs for bringing and maintaining this action. [emphasis added]

61. A jury to try this case.

62. Any other relief the Court deems proper."

Now without knowing the legalese of these words, to me it sounds like the judgement was for: 60. Attorney's fees and costs for bringing and maintaining this action., and everything else remains to be settled/judged. I didn't see anything in the judgement about damages, declarations, or injunctions. Is that correct? If not, could somebody unpack the meaning for me, please?

Dave
 

Wisconsin Carry Inc. - Chairman

Wisconsin Carry, Inc.
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Hey Dave,

No problem asking questions... Its people who aren't lawyers who start tossing out inaccuracies as statements of fact that I will take exception with.

We won a judgement of damages. In the original complaint that is #'s 55 and 65

55. Damages to Bernson and Hannon Rock for their wrongful arrests and searches and seizure of their property and for the wrongful retention of their property.

60. Attorney's fees and costs for bringing and maintaining this action.


Of course the City of Milwaukee has not made an offer of judgement so "damages" to Dave Bernson are still being sought. IN ADDITION Dave Bernson who committed no crime and was not convicted of any crime. His gun is STILL being held by Milwaukee PD. I can't discuss what damages we would like to see from Milwaukee, but I'm sure you'd agree Dave needs his unlawfully confiscated gun back.

ALL of the other plaintiffs remain. The school zone issues remain to be litigated. This case is not closed. (I hope that my comment "remain to be litigated" wasn't construed as such. The ONLY people who this judgment ends their liability in the case is the city of Racine and the police officers. The Racine District Attorney is STILL a plaintiff as are all the others. This case is ongoing.
 

BROKENSPROKET

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Trempealeau County
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bnhcomputing wrote:
Look at as a 15-round boxing match.
Put two men in the ring and the match goes 12 to 15 rounds, what you have is two athletes, not two fighters.


WTF. Why can'twe look at it asa 3-round MMA bout. Lighter gloves, knees, elbows, kicks and hammer fists.
 

Lammie

Campaign Veteran
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Location
, Wisconsin, USA
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This is GOOD news! Thank you Open Carry, and thank you jrm. The benefits to our cause, even though there is nocourt precedential value, is that it is now a matter of public record and it hits the communities involved where it hurts during these times of budget problems, in the pocket book. Rest assured that every city planning committee in the area will see a copy of the judgement and put the word out that their law enforcement must pay attention. That in itself is a significant victory. So even thought the judgement my not havepecedential value in court it certainly does have "precedential" value.

As to Doug. I'm not going to take up his fight. He doesn't need anyone's help. He was only explaining the legal significance of the judgement. Pehaps he could have let us bask in the glow of our euphoria a little longer, but he's been in thisfight a long time and I know he shares our pleasure of any victory. If he is a Troll then soam I.
 

Lammie

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Dave and others:

My comment on lawyers: Lawers are differently educated than many and know which legal hoops to jump through, but that does not nesessarily make them more knowledgable or intelligent than many members of this forum. I can name you a number of members whose information I consider valuable.
 

J.Gleason

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Chilton, Wisconsin, USA
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Doug and Lammie, two old wrinkly trolls under the bridge. Who will pay their toll? :lol:
Unless of course you can answer their riddles.:p

To be honest, I have had my pissing matches with both of them. However, I still think their knowledge is valuable as they are two old soldiers in this war. Two that I will be happy to fight along side. Same with many of you.

Now I just have to get them to lay down their muskets and come to a BBQ.
 

Wisconsin Carry Inc. - Chairman

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BROKENSPROKET wrote:
WCI BOD,

Why did I not recieve this news via email?

WCI Members should not have to log into OCDO to get such information.

You are correct, I apologize for the oversight.

We had been waiting all week for the judgement to get entered. Oddly, the clerk of court waited til late in the afternoon on a Friday to enter it. I was then trying to hustle to get the press release out and announcements up here before leaving my office on Friday. I was also set to do an interview with a Milwaukee TV news station but at the last moment, that large fire down in Delavan happened and 8 firefighters were hurt and they pulled the reporter from this story and sent her down to cover that fire.

As it was I didn't leave the office until after 6pm.

I will get an email out immediately as the majority of our members are not on OCDO. Thank-you for bringing that to our attention. In the future if you need to bring something to our attention email is much quicker. I get emails on my phone. I don't log onto OCDO a lot on the weekend.

nik@wisconsincarry.org
 
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