Mike
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SNIP
Publish Date: 7/28/2010
Gun owner sues city
Lovelander says his rights were violated during 2008 incident at Lake Loveland
By Pamela Dickman
Loveland Reporter-Herald
Loveland resident Bill Miller wants $100,000 and a policy change from the Loveland Police Department.
The 72-year-old man sued the city in U.S. District Court in Denver this week, claiming officers violated his constitutional rights in 2008 when they stopped him at Lake Loveland for carrying a gun.
“It’s not primarily about money,” said Miller’s attorney, Nelson Boyle. “It’s about his rights being violated.”
. . .
The civil suit and Boyle claim that officers walked on three intersecting rights — Miller’s right to bear arms, his right to free speech and his right against illegal search and seizure.
Police may have a duty to check out all reports and potential dangers, but they need a reason and evidence of a crime before they detain someone and take their gun — even for only 30 minutes, argued Boyle.
“He feels like he has been harassed, and they’ve told him, if he does it again, they’ll do it again,” Boyle said. “All he is doing is exercising his constitutional right.”
The city will have the opportunity to defend itself in court in the coming months.
SNIP
Publish Date: 7/28/2010
Gun owner sues city
Lovelander says his rights were violated during 2008 incident at Lake Loveland
By Pamela Dickman
Loveland Reporter-Herald
Loveland resident Bill Miller wants $100,000 and a policy change from the Loveland Police Department.
The 72-year-old man sued the city in U.S. District Court in Denver this week, claiming officers violated his constitutional rights in 2008 when they stopped him at Lake Loveland for carrying a gun.
“It’s not primarily about money,” said Miller’s attorney, Nelson Boyle. “It’s about his rights being violated.”
. . .
The civil suit and Boyle claim that officers walked on three intersecting rights — Miller’s right to bear arms, his right to free speech and his right against illegal search and seizure.
Police may have a duty to check out all reports and potential dangers, but they need a reason and evidence of a crime before they detain someone and take their gun — even for only 30 minutes, argued Boyle.
“He feels like he has been harassed, and they’ve told him, if he does it again, they’ll do it again,” Boyle said. “All he is doing is exercising his constitutional right.”
The city will have the opportunity to defend itself in court in the coming months.