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View Full Version : Adelanto gun-rights activist sues police for illegal search


NotEnufGarage
03-06-2012, 7:30 AM
Didn't find a dupe...

Excerpt -

LOS ANGELES With unloaded handguns strapped to their sides, Scott Gibb and Christopher Hacopian were passing out fliers about Second Amendment rights outside an Upland shopping center.

Two Upland Police officers responded to the scene after they received a call of men with guns. The officers ordered them to put their hands up, stop talking and get down on their knees before they handcuffed Gibb and Hacopian, according to a video footage shot by Hacopian.


Full article at - http://www.vvdailypress.com/news/illegal-33225-police-activist.html

Mesa Tactical
03-06-2012, 8:57 AM
If they have the right attorney, there is a payout in their future.

r3dn3ck
03-06-2012, 9:07 AM
hahahahahahahahahahahaha 2 down, 2x10e8 to go.

SanPedroShooter
03-06-2012, 9:11 AM
John Birdt.

gobler
03-06-2012, 12:16 PM
Ummmm... The article reads that Upland offered them $100,000 as a settlement but they declined for a $25,000 damages lawsuit??? So they are giving up $75,000 to what, make a point?


Sent from somewhere in space & time...

boxbro
03-06-2012, 12:26 PM
Ummmm... The article reads that Upland offered them $100,000 as a settlement but they declined for a $25,000 damages lawsuit??? So they are giving up $75,000 to what, make a point?


Sent from somewhere in space & time...

"The plaintiffs offered a $100,000 settlement, which the defendants rejected, Birdt said. Each plaintiff will seek $25,000 plus punitive damages in the trial, he said."

stix213
03-06-2012, 12:39 PM
Ummmm... The article reads that Upland offered them $100,000 as a settlement but they declined for a $25,000 damages lawsuit??? So they are giving up $75,000 to what, make a point?


Sent from somewhere in space & time...

Maybe they think getting a judgment in court will do more for the 2A than a settlement?

lhecker51
03-06-2012, 1:08 PM
The LEO stated that the store was robbed several times. That is no excuse for his action. The LEO has a penis but that does not mean he is a rapist. His argument is a non-sequitor.

I smell a substantial monetary loss for the city of Upland! Part of the judgement should include basic education for their police force regarding the difference in authority between a citizen and that of an officer to include the source and scope of that authority.

hvengel
03-06-2012, 1:08 PM
Maybe they think getting a judgment in court will do more for the 2A than a settlement?

No they offered to not sue if the city paid them $100,000. The city declined the offer.

Mesa Tactical
03-06-2012, 1:44 PM
Maybe they think getting a judgment in court will do more for the 2A than a settlement?

This is not a 2A case, it's a 4A case.

NotEnufGarage
03-06-2012, 1:50 PM
"The plaintiffs offered a $100,000 settlement, which the defendants rejected, Birdt said. Each plaintiff will seek $25,000 plus punitive damages in the trial, he said."

Punitive damages can be any amount the judge or jury feels to be appropriate, unless there are specific tort limits. The point of punitive damages are to teach the wrongdoer a lesson and make them feel the pain on of what they've done. If a $1 million dollar judgement wouldn't phase them, the jury is allow to increase it to an amount that would make them realize that the behavior is not something they want to repeat.

It could easily be in the several million dollar range, or $1.

paul0660
03-06-2012, 1:55 PM
“You guys are knuckleheads because you guys are gonna end up ruining the whole carry policy,” Duran told Hacopian.

Cop was right.

TheBest
03-06-2012, 2:05 PM
I'm confused. Is Upland a special part of CA where open handgun carry is legal? I thought that the law is in place and it is now illegal.

gonzo1510
03-06-2012, 2:12 PM
I remember that video from a couple years ago I think when open carry was still legal.

Glock22Fan
03-06-2012, 3:11 PM
I'd take half the $100,000 for sure, rather than 25K + damages, depending on Birdt to get it. Now, if Alan Gura would take it, I might revise my thoughts. But maybe not - $50K definitely makes a point, and I can't remember the last time I earned that for kneeling down for fifteen minutes or so.

morfeeis
03-06-2012, 3:17 PM
Cop was right.
Yeah they used their rights( not in a way i agree with) and fear caused it to be taken away...

I'm confused. Is Upland a special part of CA where open handgun carry is legal? I thought that the law is in place and it is now illegal.
This happened a while back when it was ok to OC.

zvardan
03-07-2012, 10:11 AM
They were exercising their rights. I'd rather see people do this than nothing at all.

bwiese
03-07-2012, 10:15 AM
Perhaps they think they can pierce (unlikely here) qualified immunity, and that the city vs officers' interests are separable and the officers could end up paying out of pocket.

Wherryj
03-07-2012, 12:46 PM
I'm confused. Is Upland a special part of CA where open handgun carry is legal? I thought that the law is in place and it is now illegal.

Upland IS a special part of CA: The part known as the festering boil in the armpit of the west, or alternatively as "The Inland Empire". Anything near San Bernardino is a special place.

I believe this occurred before the law became active, however.
"Gibb and Hacopian were released after about 15 minutes, but they filed a federal lawsuit against the two officers and the Upland Police Department after the July 13 incident alleging civil rights violations. Gibb is an Adelanto resident and president of the local Open Carry Club."

It is only March, so an event in July would have been last year at the most recent.

OleCuss
03-07-2012, 1:54 PM
Birdt is the lawyer? Maybe it should, but this does not inspire great confidence that this will end well.