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Thread: Dickson City Lawsuit

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    Regular Member cowboyridn's Avatar
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    Campaign Veteran rcawdor57's Avatar
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    Thanks for the post. I downloaded all the pdf files and read about half of them. Each side seems to go back and forth asserting one thing and then another. Too bad it wasn't videotaped. There would be none of this "he said, she said" rhetoric. I don't know what the electronic wiretapping laws are in PA but here we CAN videotape them without their consent.

    I hate it that I have to be a "quasi-lawyer" just to exercise my rights.
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

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    rcawdor57 wrote:
    Thanks for the post. I downloaded all the pdf files and read about half of them. Each side seems to go back and forth asserting one thing and then another. Too bad it wasn't videotaped. There would be none of this "he said, she said" rhetoric. I don't know what the electronic wiretapping laws are in PA but here we CAN videotape them without their consent.

    I hate it that I have to be a "quasi-lawyer" just to exercise my rights.
    +1 I read the last 3 PDF's. That was a lot of reading. It appears they got a good Judge and he is taking his time, doing it right. I think it's great that he iswaiting on McDonald. This case has about 4 more months to go, before an opinion is issued, in my opinion.

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    I've only read the last document, the stay.

    What does McDonald have to do with it? PA has an RKBA even stronger than the federal 2A: the RKBA cannot even be questioned in PA. And, as I recall, there was no allegation of a crime for the incident, meaning the police had zero RAS for a detention, nor probable cause for the arrest/unarrest of Banks.

    I wonder if the stay is becausea federal court is being asked, in part, to hold the 2A operative against the state of PA. I guess that if McDonald goes against incorporation, those parts of the suit citing 2A become void, and the other points then continue on through the process?
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    rcawdor57 wrote:
    I hate it that I have to be a "quasi-lawyer" just to exercise my rights.
    I understand. Realize that the mere existence of the Bill of Rights is your first clue that you need to be a street lawyer to protect your rights. If government could be trusted to protect your rights, there would be no need for the Bill of Rights.

    Regarding being a street lawyer, belowis one of my all-time favorite quotes. It is from Edmund Burke's speech to Parliament about conciliation (state of goodwill) with the colonies.The speech was given just prior to the revolution.

    Permit me, Sir, to add another circumstance in our colonies, which contributes no mean part towards the growth and effect of this untractable spirit. I mean their education. In no country perhaps in the world is the law so general a study...all who read, and most do read, endeavour to obtain some smattering in that science...This study renders men acute, inquisitive, dexterous, prompt in attack, ready in defence, full of resources. In other countries, the people, more simple, and of a less mercurial cast, judge of an ill principle in government only by an actual grievance; here they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance; and snuff the approach of tyranny in every tainted breeze.

    That speech was given on March 22, 1775. The first shots of the revolution disturbed the tranquility of Lexington green on the morning of April 19, 1775, less than one month later.Thus, studying lawis patriotic!
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Moderator / Administrator Grapeshot's Avatar
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    Citizen wrote:
    rcawdor57 wrote:
    I hate it that I have to be a "quasi-lawyer" just to exercise my rights.
    I understand. Realize that the mere existence of the Bill of Rights is your first clue that you need to be a street lawyer to protect your rights. If government could be trusted to protect your rights, there would be no need for the Bill of Rights.

    Regarding being a street lawyer, belowis one of my all-time favorite quotes. It is from Edmund Burke's speech to Parliament about conciliation (state of goodwill) with the colonies.The speech was given just prior to the revolution.

    Permit me, Sir, to add another circumstance in our colonies, which contributes no mean part towards the growth and effect of this untractable spirit. I mean their education. In no country perhaps in the world is the law so general a study...all who read, and most do read, endeavour to obtain some smattering in that science...This study renders men acute, inquisitive, dexterous, prompt in attack, ready in defence, full of resources. In other countries, the people, more simple, and of a less mercurial cast, judge of an ill principle in government only by an actual grievance; here they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance; and snuff the approach of tyranny in every tainted breeze.

    That speech was given on March 22, 1775. The first shots of the revolution disturbed the tranquility of Lexington green on the morning of April 19, 1775, less than one month later.Thus, studying lawis patriotic!
    Indeed the patriot thus would be the better for having read the law.

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    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    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.

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    Update?

    OK, it's been over a YEAR (10/2010) since the last development. It's now 12/2011. What happened to this case? I've been following it since the beginning in 2008.

    I want the town to cry uncle and admit they were horrendously wrong, especially the DA who personally told the officers to arrest those people.

    http://righttocarry.blogspot.com/201...d-dickson.html

    The police also illegally told the open carry people NOT to record them, which suppressed other civil rights besides the 2nd amendment.

    It's an EASY civil rights lawsuit to win.
    Last edited by ChazzMatt; 12-16-2011 at 05:21 PM.

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    Campaign Veteran rcawdor57's Avatar
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    Thumbs down It's Like The Case Just Disappeared....

    Quote Originally Posted by ChazzMatt View Post
    OK, it's been over a YEAR (10/2010) since the last development. It's now 12/2011. What happened to this case? I've been following it since the beginning in 2008.

    I want the town to cry uncle and admit they were horrendously wrong, especially the DA who personally told the officers to arrest those people.

    http://righttocarry.blogspot.com/201...d-dickson.html

    The police also illegally told the open carry people NOT to record them, which suppressed other civil rights besides the 2nd amendment.

    It's an EASY civil rights lawsuit to win.
    Here is the only thing I can find on this case: 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.

    Even the various PA forums have nothing else on it that I can find.
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

    “Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.”

    —John F. Kennedy

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    Don't despair.

    Just the fact the case is alive and could go against the cops will make the rest of the cops cautious. The case wasn't thrown out at the outset, its alive.

    Also, the cops who are defendants are having no fun with this hanging over their heads day in and day out for years.

    So, while I would like a resolution sooner, and the plaintiffs seem to deserve it from what I recall of the encounter, its not like there is no effect on the rights-violators. They get to feel that anxiety tug at them every time they think about the case.

    Also, think about the discussions between husbands and wives. "You did what to some open carriers!?!!" "And, now our finances are in limbo until the case is sorted out!?!!" I'll bet this has put some real strain on households. Maybe the cop won't clean up his act by himself, but I bet the specter of his angry and nagging wife will make him think twice before throwing his weight around without legal authority next time.

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