rpyne
Regular Member
I just heard on the news that Lund settled for $100,000 and his medical costs.
For those who don't remember the case, Lund was tackled by police because they had a MWAG call. The District Court held that Officer Curdie did not have immunity and noted that:
"As articulated by the Utah Legislature, public policy in this State may fairly be read to condone and even encourage gun ownership and the lawful possession and carrying of firearms in public places. Salt Lake City’s asserted governmental interest in its police officers’ response to a report of a “man with a gun” in a public park cannot be weighed in isolation from this oft-emphasized public policy. In that context, there may well be more individual constitutional rights at stake than the Fourth Amendment freedom from unreasonable searches and seizures."
For those who don't remember the case, Lund was tackled by police because they had a MWAG call. The District Court held that Officer Curdie did not have immunity and noted that:
"As articulated by the Utah Legislature, public policy in this State may fairly be read to condone and even encourage gun ownership and the lawful possession and carrying of firearms in public places. Salt Lake City’s asserted governmental interest in its police officers’ response to a report of a “man with a gun” in a public park cannot be weighed in isolation from this oft-emphasized public policy. In that context, there may well be more individual constitutional rights at stake than the Fourth Amendment freedom from unreasonable searches and seizures."