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Thread: Let's Support Dianosis With His Dothan Problem

  1. #1
    Regular Member AL Ranger's Avatar
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    We all know about Dianosis' problem with Sheriff Hughes, even though we do not know the particulars. Therefore, I have placed the Sheriff Hughes video on YouTube for you to watch and comment upon. Please keep comments clean! We can also emailthe Sheriffvia the link below. Watch the video, leave your comments and then email him with your statements and concerns and place the video link in the email. If he gets enough email and links to a YouTube video, he may get the message in a hurry. I have reprinted the entire AGO 1984-205 on the descriptions section underneath the video. Just click the down arrows beneath the video to see the whole thing. I've also included the last statement taken from 'The State v Reid' ruling. Let's help and support our friend and brother in this.

    Sheriff Hughes Email Link
    http://www.houstoncounty.org/Email_Forms/Sheriffs_Department/EF_Sheriffs_Department.htm (clean and respectful)

    Sheriff Hughes Interview Video (don't forget to leave your comments and keep them clean and respectful)
    http://www.youtube.com/watch?v=jg16XOZD-9o

    I have already emailed him, left a very proper and respectful letter and enclosed the video link. Here's to hoping that it will do some good. Go get 'em, Dianosis! We've got your back!

    [/color]

    Check out my home page @ www.alabamaopencarry.com and Carry On!

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    Complete!

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    On its website, the sheriff's office lists 1-334-677-4888 as its phone number.

    I would suggest keeping any phone calls short and civil. Remember, we are the rational ones with the law on our side. Remember, our goal should be to educate the sheriff, not to harangue him.

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    Guysfrom what I read,Sheriff Hughes was not actually involved in the incident that was reported by Rickey Stokes News. Not that I agree with what he said.

    If you look at the story posted by RSN, THEYnamethe 2 parties involved:

    A person inside the restaurant had some concerns and called the Dothan Police Department. Several units responded.

    It was determined that the individual was not a law enforcement officer, but did posses a valid Alabama "Pistol Permit". These permits require that the weapon must be concealed. Police contacted the sheriff of the county that the permit was issued from. Dothan officers were advised that this was apparently not the first time this individual had conducted himself in this manner. The sheriff of the county that issued his permitrequested that the permit be pulled and returned to the Sheriff's Office.

    Just an observation......

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    eye95 wrote:
    On its website, the sheriff's office lists 1-334-677-4888 as its phone number.

    I would suggest keeping any phone calls short and civil. Remember, we are the rational ones with the law on our side. Remember, our goal should be to educate the sheriff, not to harangue him.
    Ya lets not do anything to make anyone madthat mayhurt the victim of that story, down the road.....

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    Diagnosis, should I take down my post?

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    Absolutley not, that department need to know the truth too, was just asking for people not to make bad situation worse, be kind, calm, and professional.

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    Gotcha.

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    Education is the key. I just turned the Dothan PD onto the tri-fold and St John v. Alamogordo. I also referred them to Montgomery for their recent acquisition of wisdom. The captain to whom I spoke said he would be "reading all day" and will be contacting his city attorney's office.

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    mark edward marchiafava wrote:
    "Education is the key." LOL, obviously that approach didn't work with the founders and King George, did it?
    Education was the key for me in Montgomery when the MPD went over the line. The problem is now fixed for me an others who OC in Montgomery. Of course, I could have sued and gotten all confrontational, but education solved the problem within weeks.

    Oh, and BTW, the Founders tried education first. Let's follow their wisdom. There is no need to go from 0 to confrontation in 6 seconds.

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    mark edward marchiafava wrote:
    Uh, the founders spent YEARS beating their proverbial heads against the wall.

    Here's a clue: you can drag some of these petty tyrants into court, kicking and screaming, come out with some $$$$ in YOUR pocket AND, AND, AND give them an education they'll long remember, especially if you can sue them in their personal capacity.
    Yes, you ARE welcome.
    Please do not assume that I would thank you for that advice. I would not.

    Moving on.

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    Regular Member Monkeytown's Avatar
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    eye95 wrote:
    mark edward marchiafava wrote:
    Uh, the founders spent YEARS beating their proverbial heads against the wall.

    Here's a clue: you can drag some of these petty tyrants into court, kicking and screaming, come out with some $$$$ in YOUR pocket AND, AND, AND give them an education they'll long remember, especially if you can sue them in their personal capacity.
    Yes, you ARE welcome.
    Please do not assume that I would thank you for that advice. I would not.

    Moving on.
    Very nice my friend....very nice!!

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    This is a total outrage as I have been told by members of the same Sheriff's Office and DPD on several occasion's that it is in fact legal to open carry. I pose the question, how can the right hand say yes and the left had say no......? Seems to me that education of these specific laws by LEO's is of a very up most importance.

    and again I refer my past with OC in Dothan :

    http://opencarry.mywowbb.com/forum59/40886.html

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    Bamafirefighter22 wrote:
    This is a total outrage as I have been told by members of the same Sheriff's Office and DPD on several occasion's that it is in fact legal to open carry. I pose the question, how can the right hand say yes and the left had say no......? Seems to me that education of these specific laws by LEO's is of a very up most importance.

    and again I refer my past with OC in Dothan :

    http://opencarry.mywowbb.com/forum59/40886.html
    If we educate the officers on St John v. Alamogordo, that the officers themselves are at financial risk for seizing an OCer or his property just because he OCed, that limited qualified immunity does not protect them in this specific instance, then the officers (even if the department does not change policy) will be hesitant to make anything of OC.

    If Diagnosis chooses another course of action, I will support him, but education has proven to be effective before. Even in Dothan, the mere mention that there is case law that says that their limited qualified immunity does not protect them causes them to pay attention and do some reading.

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    Good to see ya back online BamaFF. I agree, I have talked to DPD too, and they agreed to its legality. ????

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    eye95 wrote:
    If we educate the officers on St John v. Alamogordo, that the officers themselves are at financial risk for seizing an OCer or his property just because he OCed, that limited qualified immunity does not protect them in this specific instance, then the officers (even if the department does not change policy) will be hesitant to make anything of OC.

    The case you're calling "St. John v. Alamogordo" is actually St.John v. McColley, 653 F. Supp 2d 1155 (D. N.M. 2009). It is a decision by a United States District Court in New Mexico. It has absolutely no application in Alabama.

    First off, the decision is based onNew Mexico's handgun laws, which are much clearer than Alabama's. Unless the law is clearly established, an officer has qualified immunity for his interpretation of it. Alabama's law is so muddy that qualified immunity isassured.

    Second, New Mexico's handgun laws cannot clearly establish the law in Alabama, and neither can a decision by a United States District Court from New Mexico.

    New Mexico is in the Tenth Circuit. Alabama is in the Eleventh. "In this circuit, the law can be clearly established for qualified immunity purposes only by decisions of the U.S. Supreme Court, Eleventh Circuit Court of Appeals, or the highest court of the state where the case arose." Lee v. Ferraro, 284 F.3d 1188, 1197 n.5 (11th Cir. 2002).

    Unless there is a decision by the U.S. Supreme Court, the U.S. Court of Appeals for the Eleventh Circuit, or the Alabama Supreme Court that clearly establishes a right to open carry in Alabamanotwithstanding 13A-11-52 - and there isn't - qualified immunity shields officers from liability when they enforce 13A-11-52.

    If you don't like the laws on the books, you need to ask your legislator to change them and stop threateningwell-intentioned cops with bogus civil suits.


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    When there is conflicting precedents in different circuits and the SCOTUS has not ruled, you are right. If there are no conflicting precedents, cases can and are cited from other circuits.

    So, as an officer, you go ahead and believe that you are not at risk. Just take this one piece of advice: don't take my gun.

    Anyway, your malicious streak is starting to show, and, while I am usually the most tolerant of trolls around here, hoping to convert them into useful posters, I give up on you.

    Have a nice life. Moving on permanently.

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    eye95 wrote:
    When there is conflicting precedents in different circuits and the SCOTUS has not ruled, you are right. If there are no conflicting precedents, cases can and are cited from other circuits.

    So, as an officer, you go ahead and believe that you are not at risk. Just take this one piece of advice: don't take my gun.

    Anyway, your malicious streak is starting to show, and, while I am usually the most tolerant of trolls around here, hoping to convert them into useful posters, I give up on you.

    Have a nice life. Moving on permanently.

    Trust me, I have a lot more experience in this area ofthe law than you think.

    You can call me malicious, but I'm not the guy using inapplicable legal decisions to threaten cops with bogus lawsuits.

    By the way, why don't you tell us which other circuits have interpreted Alabama's gun laws? (As if that matters.)

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    "threaten cops with bogus lawsuits." -- Really?

    Are you kidding me? If you took the time to read what eye95 is talking about, you would see the reasonable way he has gone about his interaction with the local law enforcement after they clearly violated his civil rights. If you don't agree that this was the case, then you should probably just ask MPD... I bet they would confirm it.

    No one is blindly threatening or bashing LE here ok? No need for you to get all defensive and smear people. As long as you make it a point to respect people's rights when you're on duty, then you should have nothing to fear from lawsuits, legitimate or bogus.

    Just because by this point I'm curious, are you the type of cop that would tase someone you found OC'ing, steal their gun, etc, or would you actually uphold the law?

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    Regular Member Jonathon Norris's Avatar
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    eye95 wrote:
    When there is conflicting precedents in different circuits and the SCOTUS has not ruled, you are right. If there are no conflicting precedents, cases can and are cited from other circuits.

    So, as an officer, you go ahead and believe that you are not at risk. Just take this one piece of advice: don't take my gun.

    Anyway, your malicious streak is starting to show, and, while I am usually the most tolerant of trolls around here, hoping to convert them into useful posters, I give up on you.

    Have a nice life. Moving on permanently.


    +1,000,000 When I am arrested for OC, immediately exonerated, and win my lawsuit against the officers involved, I will givesome of the money to a legal fund to help others "lawyer up."

    Might even invest in some of Earnest P. Worrell's famous "Troll away spray," from EarnestScared Stupid. Hahaha. How often do you literally make yourself lol?
    A wayfarer should not walk unarmed,
    But have his weapons to hand:
    He knows not when he may need a spear,
    Or what menace meet on the road.

    - Odin
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    dixieborn wrote:
    "threaten cops with bogus lawsuits." -- Really?

    Are you kidding me? If you took the time to read what eye95 is talking about, you would see the reasonable way he has gone about his interaction with the local law enforcement after they clearly violated his civil rights. If you don't agree that this was the case, then you should probably just ask MPD... I bet they would confirm it.

    No one is blindly threatening or bashing LE here ok? No need for you to get all defensive and smear people. As long as you make it a point to respect people's rights when you're on duty, then you should have nothing to fear from lawsuits, legitimate or bogus.

    Just because by this point I'm curious, are you the type of cop that would tase someone you found OC'ing, steal their gun, etc, or would you actually uphold the law?
    Don't bother. This guy doesn't have the decency to add his location to his profile, tell us about himself, and interact in a congenial way on any other topic. He's a one-trick troll who came here to make trouble. My guess is that he is a LEO from Houston or Coffee counties. (He reminds me of Sandy.)

    At any rate, let him rant for a while and ignore him. He will tire an leave.

    On edit: I know this is a bit ninja. And, I hate ninja. But, the alternative was to appear to respond to a troll. Notice in the post below that he virtually admits to being a LEO. Notice how he doesn't come right out and say it. Also, notice how does not have the courage to mention his LEA, even though he has been pretty well outed.vvvvvvvvvvvvv

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    dixieborn wrote:
    "threaten cops with bogus lawsuits." -- Really?

    Are you kidding me? If you took the time to read what eye95 is talking about, you would see the reasonable way he has gone about his interaction with the local law enforcement after they clearly violated his civil rights. If you don't agree that this was the case, then you should probably just ask MPD... I bet they would confirm it.

    No one is blindly threatening or bashing LE here ok? No need for you to get all defensive and smear people. As long as you make it a point to respect people's rights when you're on duty, then you should have nothing to fear from lawsuits, legitimate or bogus.

    Just because by this point I'm curious, are you the type of cop that would tase someone you found OC'ing, steal their gun, etc, or would you actually uphold the law?
    I don't fear a lawsuit over something like this.

    You guys are trying to impose your lay opinions on cops who are doing their best to do their jobs.

    I have addressed this issue extensively today in another thread. The so-called legal support for your position on this issue is just not there.

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    Gotcha, I guess I should have assumed that by the fact that you were moving on permanently... but yes, the motives are clear. Guess I just hate to give in to the fact that some people just refuse to see reason.

    Edit: Just so I'm clear (editing so as not to bother adding another post for this purpose), I'll take eye's advice and not bother giving this cop the pleasure of a worthless argument anymore. Please find another web community to bother man.

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    dixieborn wrote:
    Gotcha, I guess I should have assumed that by the fact that you were moving on permanently... but yes, the motives are clear. Guess I just hate to give in to the fact that some people just refuse to see reason.
    You guys are the ones who refuse to see reason. I shot holes in your arguments in another thread. Your buddy ran out of steam and finally gave up.

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    eye95 wrote:
    At any rate, let him rant for a while and ignore him. He will tire an leave.
    You're right about this.

    I took you on over the legality of OC in Alabama on the other thread, picked apart all your arguments, and you gave up.

    My work here is done.

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