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View Full Version : Federal lawsuit filed by open carrier in Wisconsin


Mike Stollenwerk
04-14-2009, 1:34 PM
This news column highlighting a lawsuit against open carry harassment by police in Wisconsin points the way for California open carriers if they are detained for open carry either (1) in areas where loaded OC is allowed or (2) if detained beyond the cursory "load check" where loaded OC is not allowed (should take police only a minute or swo to do this).

Please Click, DIGG, and Share the link below around the internet ASAP - right now we own this story so the faster it gets out the less chance other press outlets will screw up the facts or put the wrong spin on it:

http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m4d14-Breaking-News-Federal-civil-rights-lawsuit-filed-against-West-Milwaukee

SNIP

examiner.com ó Today civil rights attorney John Monroe filed a federal lawsuit against West Milwaukee and it's police force for gross abuses of power against a man solely because the man was legally carrying a holstered gun. . . .

hoffmang
04-14-2009, 2:17 PM
For those that don't know, John Monroe is a major driver behind Georgia Carry.

-Gene

Liberty1
04-14-2009, 4:51 PM
There have been several unlawful detentions and arrests in CA, one resulting in two days in the LA city jail that did not result in any charges by the DA. I think the only thing keeping some of those OCers from suing is that they really only want the police to be educated and do not wish to take the public's money over the government's incompetence.

But suits may be necessary at some point here based on certain public comments by LE and DA administrators.

bohoki
04-14-2009, 5:31 PM
yea a person exercising a legal right being used to detain and search a person does seem like a civil rights violation

Liberty1
04-14-2009, 6:04 PM
read the complaint

http://www.georgiacarry.com/gonzalez_westmin/complaint.pdf

bigcalidave
04-15-2009, 1:06 AM
Twice? Sucks... Sucks to be them now though! Looks like a great case to draw some attention!

yellowfin
04-15-2009, 3:03 PM
This could be used as useful precedent.

Untamed1972
04-17-2009, 11:51 AM
There have been several unlawful detentions and arrests in CA, one resulting in two days in the LA city jail that did not result in any charges by the DA. I think the only thing keeping some of those OCers from suing is that they really only want the police to be educated and do not wish to take the public's money over the government's incompetence.

But suits may be necessary at some point here based on certain public comments by LE and DA administrators.


So sue for $1 + Legal fees and expense and do not agree to any out of court settlement. The precedent has to be set eventually or nothing will change.

Mulay El Raisuli
04-21-2009, 7:16 AM
I am a bit confused. Shouldn't have been his 4th Amendment Rights that were violated instead of his 14th?

The Raisuli

capoward
04-21-2009, 2:32 PM
I am a bit confused. Shouldn't have been his 4th Amendment Rights that were violated instead of his 14th?

The RaisuliI believe itís via the 14th Amendment and SOCUS decision that that states and locals are required to comply with the dictates of the 4th Amendment.

Purple K
09-22-2009, 10:00 PM
Anyone know what happened with this?

Mulay El Raisuli
09-23-2009, 6:35 AM
I believe itís via the 14th Amendment and SOCUS decision that that states and locals are required to comply with the dictates of the 4th Amendment.


Works for me. Has there been anything new on this?

The Raisuli

Liberty1
09-23-2009, 8:27 AM
I haven't searched (no time today) but try here http://georgiacarry.com/gonzalez_westmin/ or email at info@georgiacarry.org

other related info http://www.georgiacarry.org/cms/page/3/

GCO Member Sues Over Arrests for OC in Wisconsin
April 14th, 2009 GCO member Jesus Gonzalez was arrested not once, but twice, for openly carrying a firearm in a state that has no law against unlicensed open carry. Rather than sitting back while his rights are trample, Gonzalez has filed a lawsuit against several police officers and two cities for the illegal arrests. The complaint, filed in federal district court for the Eastern District of Wisconsin, may be viewed here.

The lawsuit was made possible by a generous grant from Jews for the Preservation of Firearm Ownership.

And the OPer tells me that he has not received any new info. on the status. If someone knows how to check court calenders in that circuit please let us know what you find.

HowardW56
09-25-2009, 3:27 PM
On June 17, 2009, the court held a scheduling conference in accordance with Fed.
R. Civ. P. 16 and Civil L.R. 16.1 (E.D. Wis.). Attorney John Monroe appeared on behalf
of the plaintiff and attorney Remzy Bitar appeared on behalf of the defendants.
IT IS ORDERED that:
1. If the parties have not already done so, they shall comply with Fed. R. Civ.
P. 26(a)(1) concerning initial disclosures.
2. The parties may join additional parties and amend pleadings without further
leave of the court through June 29, 2009.
3. The parties shall disclose any expert witnesses consistent with Rule 26(a)(2)
as follows: plaintiff shall identify experts and provide expert reports on or before August
15, 2009; defendants shall identify experts and provide expert reports on or before
September 15, 2009.
4. a. All requests for discovery shall be served by a date sufficiently early
so that all discovery in this case can be completed no later than November 15, 2009.
Case 2:09-cv-00384-LA Filed 06/18/09 Page 1 of 3 Document 18
2
b. Any discovery motions brought pursuant to Rules 26 through 37 of the
Federal Rules of Civil Procedure must comply with Civil L.R. 37.1, by including
a written statement by the movant that, after personal consultation with the
party adverse to the motion and after sincere attempts to resolve their
differences, the parties are unable to reach an accord. The statement must
also recite the date and time of such conference and the names of all parties
participating in it.
c. All discovery motions and non-dispositive pretrial motions must be
filed pursuant to Civil L.R. 7.4, unless the court otherwise permits. The motion must not
exceed three pages in length. No separate memorandum may be filed with the motion,
and any supporting affidavit allowed by Civil L.R. 7.4 must not exceed two pages. An
opposing memorandum, which must not exceed three pages in length, may be filed
within five days of service of the motion. The court will notify the parties of the date and
time for a hearing on the motion, if the court deems it necessary. This paragraph does not
apply to pro se or prisoner cases.
5. a. Any dispositive motions must be served and filed on or before
November 30, 2009.
b. All summary judgment motions and briefing thereon must comply with
Civil L.R. 7.1 and 56.2. Any summary judgment motion filed against a pro se litigant must
comply with Civil L.R. 56.1. Civil L.R. 56.2 will not apply to cases in which a party appears
pro se.
6. The court expects counsel to confer and make a good faith effort to settle the
case.
Case 2:09-cv-00384-LA Filed 06/18/09 Page 2 of 3 Document 18
3
The foregoing schedule shall not be modified except upon a showing of good cause
and by leave of the court.
SO ORDERED at Milwaukee, Wisconsin, this 17 day of June, 2009.

roadwarrior1971
11-18-2009, 8:43 PM
There have been several unlawful detentions and arrests in CA, one resulting in two days in the LA city jail that did not result in any charges by the DA. I think the only thing keeping some of those OCers from suing is that they really only want the police to be educated and do not wish to take the public's money over the government's incompetence.

But suits may be necessary at some point here based on certain public comments by LE and DA administrators.

I understand that perspective but a big fat lawsuit will warn off other cities especially if you sue the police officers. Give the LEO's fair warning and if you feel bad about taking public money, just donate the excess (back to the city or maybe to CGF) after all legal expense are paid. But I'd keep the LEO's money. Some one has to pay, be it the officer or the public for legal expenses. It is the LEO's and ignorant public that tolerate and even encourage 2A violations os they should pay for it!

Liberty1
11-19-2009, 12:13 PM
Give the LEO's fair warning...

Post June 2010 notice will be considered duly served. Let the games begin...:43:

demnogis
11-19-2009, 6:22 PM
Another major issue for us in CA, is that no legal firm will work on contingency in regards to 2A/4A violations for Open Carrying. I've called many across Orange County and some in Riverside County for an unlawful detainment I had in May by my local PD. All said at least $5k to start, even thought I would undoubtedly win.

In CA, it feels as though justice is only for those who can afford it.

7x57
11-19-2009, 6:50 PM
In CA, it feels as though justice is only for those who can afford it.

Patience. I suspect the time will come for this post-McDonald, and when it does we'll all pool our money via CGF. Once the legal basis is there I suspect NATO doctrine will be sufficient.

Well, and legal fees to the plaintiffs. Time for one of our own lawyers to get in on Gura's retirement investment plan. :43:

7x57

MP301
11-19-2009, 8:22 PM
I love it when "Qualified Immunity" doesnt apply for blatant violations. the LEO's knew or should have known, that they were screwing the pooch...keep thier money and buy more guns....send them pictures of the new guns...and dont ever break the law in that jurisdiction! haha

hoffmang
11-19-2009, 8:52 PM
Patience. I suspect the time will come for this post-McDonald, and when it does we'll all pool our money via CGF. Once the legal basis is there I suspect NATO doctrine will be sufficient.

An appropriate time is coming. I suspect CGF will have a specific request of the UOC community at the right time and it will require you to be as bold as you can possibly be.

Timing is almost everything.

-Gene

Liberty1
11-19-2009, 10:31 PM
be as bold as you can possibly be.

come on Gene at least you could ask us to do something hard...:D

pullnshoot25
11-19-2009, 10:45 PM
An appropriate time is coming. I suspect CGF will have a specific request of the UOC community at the right time and it will require you to be as bold as you can possibly be.

Timing is almost everything.

-Gene

The cephalic phase of my gastrointestinal response is in overdrive right now...

SeanCasey
11-19-2009, 10:54 PM
Damn it! When Gene goes and says something like that its like the intro to a porno, you just want hit fast forward and get to the fun stuff. (And I don't even watch porno)

Liberty1
11-19-2009, 11:55 PM
The cephalic phase of my gastrointestinal response is in overdrive right now...

you really need to stop studying medicine and go in to law....:p

Mulay El Raisuli
11-20-2009, 8:25 AM
The cephalic phase of my gastrointestinal response is in overdrive right now...


GAWD! Even when I was taking biology I wasn't that bad. :)

The Raisuli

Mulay El Raisuli
11-20-2009, 8:29 AM
An appropriate time is coming. I suspect CGF will have a specific request of the UOC community at the right time and it will require you to be as bold as you can possibly be.

Timing is almost everything.

-Gene


While I HATE WAITING, the good part is that I have now waited so long that I am now ready to be as bold as you ask me to be.

The Raisuli

Liberty1
11-20-2009, 8:50 AM
While I HATE WAITING, the good part is that I have now waited so long that I am now ready to be as bold as you ask me to be.

The Raisuli

I hope Gene isn't envisioning anything with unitards :o

aileron
11-20-2009, 9:16 AM
I hope Gene isn't envisioning anything with unitards :o

I thought that was be something Bill would envision?

Untamed1972
11-20-2009, 9:18 AM
I think pullnshoot got's plenty of potential defendants already lined up!

7x57
11-20-2009, 9:34 AM
I hope Gene isn't envisioning anything with unitards :o

That's bolder than I can be. :chris:

7x57

pullnshoot25
11-20-2009, 9:37 AM
I think pullnshoot got's plenty of potential defendants already lined up!

Damn right.

7x57
11-20-2009, 9:37 AM
An appropriate time is coming. I suspect CGF will have a specific request of the UOC community at the right time and it will require you to be as bold as you can possibly be.


Poor anti-gunners. That's like releasing caged wolverines. :43:

7x57

GunnerD
11-20-2009, 10:13 AM
What is the law for open carry in CA?

Maestro Pistolero
11-20-2009, 10:16 AM
What is the law for open carry in CA?

'Search' be your friend. Ask and answered many times here.

Maestro Pistolero
11-20-2009, 10:18 AM
I hope Gene isn't envisioning anything with unitards :o

As long as it doesn't involve speedos and clogs and adopting a pseudonym like Lars, or Helmut.

locosway
11-20-2009, 2:08 PM
An appropriate time is coming. I suspect CGF will have a specific request of the UOC community at the right time and it will require you to be as bold as you can possibly be.

Timing is almost everything.

-Gene

Man, talk about a tease!

Liberty1
11-20-2009, 3:03 PM
Man, talk about a tease!

That's only good till about June '10 then he'll need to come up with a new one :p

CitaDeL
11-20-2009, 6:05 PM
An appropriate time is coming. I suspect CGF will have a specific request of the UOC community at the right time and it will require you to be as bold as you can possibly be.

Timing is almost everything.

-Gene

I think I tinkled a little.:rolleyes:

Matt C
11-20-2009, 6:22 PM
An appropriate time is coming. I suspect CGF will have a specific request of the UOC community at the right time and it will require you to be as bold as you can possibly be.

Timing is almost everything.

-Gene

Can't imagine you will have trouble finding volunteers.

Mulay El Raisuli
11-21-2009, 4:06 AM
I hope Gene isn't envisioning anything with unitards :o


Me too!

The Raisuli