Cape Girardeau police officer ordered to pay fees in flag lawsuit.

[rp55]

If this is in the wrong forum please move it. I do think the ruling reported on the article has huge implications for 2A cases.

From: Southeast Missourian (http://www.semissourian.com/story/1946121.html)

A federal judge ordered Cape Girardeau police officer Matthew Peters and the state of Missouri to pay more than $62,000 in attorneys' fees and costs in connection to an arrest he made in 2009 for flag desecration.

U.S. District Judge Carol E. Jackson rendered her written opinion Thursday: a mandate for Peters and the state to pay "reasonable attorneys' fees" the American Civil Liberties Union said it is owed. The ACLU brought the case in 2010 on behalf of Frank L. Snider III, who slashed a United States flag in front of his Cape Girardeau home the previous year. He was charged with violating Missouri's flag-desecration statute.


Please do not post whole articles or substantial quotes from articles - see http://www.calguns.net/calgunforum/showthread.php?t=363956

We are still in the "one (short) paragraph and a link is low-risk." mode, despite appropriate legal action against the major risk provider. Righthaven is not the only offender…

See the stickies http://www.calguns.net/calgunforum/showthread.php?t=394912

// Librarian

Does this set precedent that LEO and prosecutors can be held personally liable for enforcing unconstitutional laws that state and local politicians enact? Wow! Looks like an ACLU action may have an unintended consequence for gun laws.

[dieselpower]

I don't think this will go any farther.

I AM NOT POLICE BASHING NOR AM I LUMPING ALL LEO INTO ONE BASKET...AS I HAVE BEEN ACCUSED OF WITH THIS SAME TYPE OF REPLY TO A SIMILAR NEWS FLASH ABOUT AN OFFICER FOUND GUILTY FOR DOING HIS JOB.

This by no means stops any other Officer or Official from doing their jobs, even if doing their jobs deprives a person of their rights.

Officers can still search a person without warrant, break into homes without warrant, arrest for non-crimes, stop and detain for non-crimes...as per their departments policy.

Officials can still write unconstitutional laws, use the full force of their office to enforce unconstitutional laws as per their departments policy.

This has all been authorized by other case law and other court rulings... in other words...

Its still business as usual, nothing in this case will change anything.

[Paul S]

I don't think this will go any farther.

I AM NOT POLICE BASHING NOR AM I LUMPING ALL LEO INTO ONE BASKET...AS I HAVE BEEN ACCUSED OF WITH THIS SAME TYPE OF REPLY TO A SIMILAR NEWS FLASH ABOUT AN OFFICER FOUND GUILTY FOR DOING HIS JOB.

This by no means stops any other Officer or Official from doing their jobs, even if doing their jobs deprives a person of their rights.

Officers can still search a person without warrant, break into homes without warrant, arrest for non-crimes, stop and detain for non-crimes...as per their departments policy.

Officials can still write unconstitutional laws, use the full force of their office to enforce unconstitutional laws as per their departments policy.

This has all been authorized by other case law and other court rulings... in other words...

Its still business as usual, nothing in this case will change anything.

Not quite true...I bet you it will stop the enforcement of the Missouri Law which bans flag desecration. In addition I am positive it will stop the particular officer and his department from ever attempting to enforce that law again.
So yes, I believe there will be some change. Anything momentous? No you are certainly correct in that view and the change will be very limited.

[ElvenSoul]

The Cape is a very nice town. Love that place.

[Librarian]

Doesn't yet have any 2A implications, so doesn't go here.

But, doesn't fit anywhere else, either.

Rather than let the topic get abused in OT, just closed.