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Thread: Grand Haven law suit settled

  1. #1
    Anti-Saldana Freedom Fighter Venator's Avatar
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    I communicated with Steven Dulan attorney for the plaintiff (Chris Fetters) today and he stated that a settlement was reached and a press release will be coming out soon (< than a week).

    I'll post as soon as I learn anything more.
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    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    great news, congrats chris!

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    Regular Member autosurgeon's Avatar
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    Thank you for following this up Ven!


    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    northofnowhere wrote:
    great news, congrats chris!
    Not so fast. It's settled onlydoesn't mean there was any award given. We don't know at this time what the results were or even if we will find out (Gag order perhaps???).
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Regular Member Michigander's Avatar
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    Venator wrote:
    northofnowhere wrote:
    great news, congrats chris!
    Not so fast. It's settled onlydoesn't mean there was any award given. We don't know at this time what the results were or even if we will find out (Gag order perhaps???).
    Can't it still be FOIA'd?

    I believe that was what happened when Danbus was ordered to stay quiet about his settlement. It was FOIA'd, and a copy of the check he received was posted on this site.

    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Michigander wrote:
    Venator wrote:
    northofnowhere wrote:
    great news, congrats chris!
    Not so fast.¬* It's settled only¬*doesn't mean there was any award given.¬* We don't know at this time what the results were or even if we will find out (Gag order perhaps???).
    Can't it still be FOIA'd?

    I believe that was what happened when Danbus was ordered to stay quiet about his settlement. It was FOIA'd, and a copy of the check he received was posted on this site.
    Only if the agreement was through the courts. If it was settled outside the legal process, and the case was withdrawn separately - then no FOIA will uncover the mystery.

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    Regular Member autosurgeon's Avatar
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    FOIA all checks paid out by the City.... You would need to know a time period of course...
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    autosurgeon wrote:
    FOIA all checks paid out by the City.... You would need to know a time period of course...
    You're right. I hadn't thought about it that way.

    You should be able to FOIA the city for all checks paid out and their amounts.

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    Regular Member Michigander's Avatar
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    I could see how if it was a personal check from 1 or more of the officers, how it wouldn't be able to be FOIA'd. Otherwise, it would seem a city expense, and therefore public. But then, as I always say, you can't try to interject the sense possessed by a pile of horse manure into Michigan law.

    I'm going to look over Act 442 of 1976. I need to brush up on this.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Regular Member WARCHILD's Avatar
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    Just curious; All Brian was doing was letting us all know a settlement had been reached. GAG for now, will post later.
    So why all the hypothetical discussion of what if's?

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    Regular Member Michigander's Avatar
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    2 reasons. First, I hope Grand Haven really got taken to the cleaners. That city has pissed me off numerous times.

    Also, I think it is always good to try to broaden legal understandings.
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    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Regular Member WARCHILD's Avatar
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    Broaden it how, there are no facts to go by at this time to warrant any discussion. Any discussion is all based on supposition and accomplishes nothing.

    never mind

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    WARCHILD wrote:
    Broaden it how, there are no facts to go by at this time to warrant any discussion. Any discussion is all based on supposition and accomplishes nothing.

    never mind
    Supposition can always muddy the waters.

  14. #14
    Regular Member Michigander's Avatar
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    Doesn't it make sense to try to better understand the dynamics of a FOIA?

    Looking back on it, in light of the FOIA theszerdi posted that Dean made, I could have done better with a lot of FOIA's I've submitted.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Regular Member autosurgeon's Avatar
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    WARCHILD wrote:
    Just curious; All Brian was doing was letting us all know a settlement had been reached. GAG for now, will post later.
    So why all the hypothetical discussion of what if's?
    Because we can?
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  16. #16
    Anti-Saldana Freedom Fighter Venator's Avatar
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    autosurgeon wrote:
    FOIA all checks paid out by the City.... You would need to know a time period of course...
    Of course but remember the city may have insurance so all you would get is the cities deductible, you wouldn't get the total amount.

    You could FOIA all checks paid to Chris, Dulan, Insurance company, but it still may not be the total amount.

    As for the gag order that too was speculation, I don't know that there is one, but it's common practice.

    And this is all assuming that they got a settlement.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  17. #17
    Regular Member autosurgeon's Avatar
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    Good point! I hadn't thought of that but it is likely.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    It's great if he was able to get a settlement. However, aren't settlements reached before a case is dismissed? This case appears to have been dismissed in January with each party paying their own costs. Why wait until two months later to settle?

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    Any link to the original incident

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    Regular Member malignity's Avatar
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    choover wrote:
    Any link to the original incident
    +1

    What happened?
    All opinions posted on opencarry.org are my own, and do not necessarily reflect the views of opencarry.org or Michigan Open Carry Inc.

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    Regular Member autosurgeon's Avatar
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    This is about Chris Fetters who was assaulted by the GH PD during the Coast Guard Festival.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    Michigan civil rights lawsuit



    The Law Offices of Steven W. Dulan, PLC announces federal civil rights suit against City of Grand Haven and Ottawa County over open-carry ordinance.

    The suit, brought under Title 42, Section 1983 of the U.S. Code, was filed on behalf of Christopher Fetters, an off-duty Air Force Security Officer who was attending the Coast Guard Festival in Grand Haven last year. Mr. Fetters was openly carrying a holstered pistol, which is legal under Michigan law, as in most states. He was arrested and detained and charged with a violation of a Grand Haven city ordinance prohibiting open carry of firearms. His gun was initially seized, although it was later returned.

    Michigan law prohibits local units of government from making any law with respect to firearms, (MCL 123.1102.) The public policy goal of the statute is to provide a uniform system of gun laws statewide so that citizens do not have to guess regarding what local rules might exist as they move from one locality to the next.

    The complaint alleges, among other issues, violations of Mr. Fetters' civil rights under the 2d, 4th, and 14th , Amendments to the U.S. Constitution, and Article I, Section 6 of the Michigan Constitution, which reads, "Every person has a right to keep and bear arms for the defense of himself and the state," when he was physically restrained, disarmed, and subjected to verbal harassment and ridicule by law enforcement personnel.

    Criminal charges were later dropped by the Grand Haven City Attorney's Office, after being informed of the unenforceability of their ordinance. No allegations were ever made that Mr. Fetters ever threatened anyone, or in any other way disturbed the peace on the day of his arrest. He is demanding damages for violation of his civil rights as a citizen of the United States and of Michigan.

    The case has been filed in the U.S. Court, Western District of Michigan in Grand Rapids and has been assigned Case Number 1:09-CV-00190.




    1:09-cv-00190-RHB Fetters v. Reiss et al
    Judge Robert Holmes Bell, presiding
    Date filed: 03/05/2009
    Date terminated: 01/04/2010
    Date of last filing: 01/04/2010

    Case Summary

    Office: Southern Division (1)
    Filed: 03/05/2009
    Jury Demand: Plaintiff
    Demand: $600000
    Nature of Suit: 440
    Cause: 28:1343 Violation of Civil Rights
    Jurisdiction: Federal Question



  23. #23
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Received a reply from Steven Dulan. Not too much info. Below is what he sent me.

    "Here is what happened: We ended up with a small cash settlement and verification that the Grand Haven PD changed its official policy to comply with the law in the sense that officers have been informed that open carry is not unlawful and is not probable cause for a stop."
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  24. #24
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    It least it ended up with some type of positive resolution.

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    Regular Member FatboyCykes's Avatar
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    Venator wrote:
    Received a reply from Steven Dulan. Not too much info. Below is what he sent me.

    "Here is what happened: We ended up with a small cash settlement and verification that the Grand Haven PD changed its official policy to comply with the law in the sense that officers have been informed that open carry is not unlawful and is not probable cause for a stop."


    But better than a kick in the nutz I guess....

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