Dickson City lawsuit info

[gnbrotz]

New documents from the Defendants now available for public review.

Dickson City memorandum of law in support of defendants motion for
partial summary judgment:
http://paopencarry.org/dicksoncity/dicks...y_memo.pdf

Dickson City statement of facts in support of defendants motion for
partial summary judgment:
http://paopencarry.org/dicksoncity/dicks..._facts.pdf

Officer Mariano statement of facts in support of defendants motion for
partial summary judgment:
http://paopencarry.org/dicksoncity/maria..._facts.pdf

Stadnitski motion for partial summary judgment:
http://paopencarry.org/dicksoncity/stadnitski_msj.pdf

Stadnitski statement of facts in support of Stadnitski(defendant) motion
for partial summary judgment:
http://paopencarry.org/dicksoncity/stadn..._facts.pdf


Complete and chronological list of documents in case can be found here:
http://paopencarry.org/dicksoncity/documents.html

[gnbrotz]

New documents from the Plaintiffs now available for public review.

Richard Banks motion for summary judgment
http://paopencarry.org/dicksoncity/msj_brief_rbanks.pdf

Richard Banks statement of facts in support of motion for summary judgment:
http://paopencarry.org/dicksoncity/state..._rbank.pdf

[thetruepyromaniak]

ok, ive read through all that, what does it really mean? What was the final ruling.

[lildobe]

No ruling yet. Not till after the trial, which is scheduled to be in December

[redeye202]

Any update on this?

[Mark2528]

This is all great stuff, and once the case is settled and summary judgement is found to be in favor of the Plaintiff's; it will become case law that we all can fall back on.

Unfortunately this occurred prior to the 2009 Act 180 training that "All" police officers received, and I'd like to think that it would not take place today. However, being an active LEO and knowing the mentality of "some" LEO's out there, it will.

Just remember that since there are still some LEO's out there working on their own agendas, you have to know your rights, but also know when to back down and realize when a situation is not going in your favor. When that happens just remember that you have legal recourse to fall back on.

[normanvin]

(02-13-2010 05:19 PM)Mark2528 Wrote:  This is all great stuff, and once the case is settled and summary judgement is found to be in favor of the Plaintiff's; it will become case law that we all can fall back on.

Unfortunately this occurred prior to the 2009 Act 180 training that "All" police officers received, and I'd like to think that it would not take place today. However, being an active LEO and knowing the mentality of "some" LEO's out there, it will.

Just remember that since there are still some LEO's out there working on their own agendas, you have to know your rights, but also know when to back down and realize when a situation is not going in your favor. When that happens just remember that you have legal recourse to fall back on.

One of the officers kept saying I know what you are doing is legal, but. Over and over again.

[jahwarrior72]

my favorite part of the whole mess is when people i meet bring it up, especially LEO: "you know, you shouldn't do that; you don't wanna end up like those weirdos in Dickson City/Old Country Buffet!"

yes, people have said that to me. sometimes i tell them i was one of those weirdos, sometimes not.

out of everything, what pisses me off the most, even more than Rich's "detainment", is Officer Gallagher's attitude to Judy, and the bold faced lies she said to try and intimidate her. i don't know if anyone's ever told her this yet, but Mrs. Patriot, you've got a set of brass balls on you.

[Statkowski]

Requests from both sides for summary judgment. Trial date is December 2010?

[redeye202]

Thank you for the update,if Dickson City thinks that our people are going to give up they are sadly mistaken.

[Josey Wales]

Good that these people have the "Nerve" to stand up for their rights. Everyone needs to do this. If an officer wants to carry a badge they need to KNOW the laws. Not just act like they are the BOSS or controler of everyone. "We the people" means just that.
I don't think I would have been that nice about it. But glad they filed suit. Things are done every day to us citizens that aren't legal. WE NEED TO STAND UP TO THE GOVERNMENT. Lets face it, everyone is afraid to them. But we refuse to admit it publicly. Tell me who isn't afraid of "IRS". Good luck to those that stand up for your rights.

[gnbrotz]

Finally a little movement.

Order on defendants' Motion for Summary Judgement:
http://paopencarry.org/dicksoncity/order...ts_msj.pdf

[shooter357]

Hasn't there been other lawsuits on the issue of recording the police and it was established that since they are acting with no inference of privacy or non-interference that it iwas legal? I seem to recall a guy was videoing a traffic stop and the LEO threatened with arrest if he did not stop and was eventually arrested. It was then that there was no expectation of privacy and non-interception and as long as the guy didn't interfere with the officers. I will have to look that one up.

[gnbrotz]

Another opinion/judgment received Friday. No real surprise here.

http://paopencarry.org/dicksoncity/opini...ef_msj.pdf

[gnbrotz]

Another ruling just handed down today. Because this case contains a 2A argument, it has been stayed pending a ruling from SCOTUS on McDonald v. Chicago, even though the majority of the defendants claims are 4A related. Two years later.....still no justice in sight.

http://paopencarry.org/dicksoncity/staye...cision.pdf

[redeye202]

(03-22-2010 05:40 PM)gnbrotz Wrote:  Another ruling just handed down today. Because this case contains a 2A argument, it has been stayed pending a ruling from SCOTUS on McDonald v. Chicago, even though the majority of the defendants claims are 4A related. Two years later.....still no justice in sight.

http://paopencarry.org/dicksoncity/staye...cision.pdf

The court system does not want to deal with this, any excuse to delay.
To rule that the rights of the plaintiffs were violated would not set well with the policital correctness crowd, and we all know that if a judge wants to stay on the bench the has to be a big time ass kisser.

Quick,get the duc-tape,my head is about to explode.

[shooter357]

I'm trying to figure out what "McDonald v. Chicago" has to do with the case at hand.