[Dickson City] Group’s lawsuit names DC cops

[CCinPA]

Group’s lawsuit names DC cops
BY CHARLES SCHILLINGER
STAFF WRITER
06/13/2008
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DICKSON CITY — Several people involved in an incident that sparked a gun rights debate last month filed a suit in federal court Wednesday looking not only for money, but for the court to force borough police to complete additional training.



The suit stems from a May 9 incident in which police asked for identification from a group of customers openly carrying firearms at Old Country Buffet. At least one person, Richard Banks, of Fairview Township, Luzerne County, refused to provide a driver’s license and was detained. Roger McCarren, of White Mills, Wayne County, had his gun taken because the state police gun sales database indicated it was purchased by his wife, Darcie.

Mr. Banks, Mr. McCarren, Larry Meyer, of Susquehanna, and Mr. Banks’ wife, Judy Banks, filed the suit in U.S. District Court for the Middle District of Pennsylvania. The suit names as defendants two officers, Karen Gallagher and Anthony Mariano, along with Police Chief William Stadnitski and Dickson City Borough.

The plaintiffs are asking for compensatory damages in excess of $100,000 and an “injunction requiring the individual defendants to receive such additional training as may be necessary to prevent a recurrence.” The compensatory figure doesn’t include punitive damages, which can be awarded as a punishment and a deterrent to the alleged rights violation being repeated.

The suit differs from the incident report on several points, including an allegation that police demanded “under threat of being arrested” that Mrs. Banks stop video-recording the incident. The police report indicated Officer Gallagher simply asked Mrs. Banks to turn off the recorder.

Mr. Banks and the plaintiffs’ attorney, Bob Magee, said part of the incident was recorded, but Mr. Magee declined to release the recording because of possible ethical repercussions.

Borough officials in general declined to comment on the allegations, but Chief Stadnitski said, “We expected it.” As of Thursday afternoon, Dickson City had not been served, said Borough Council President Barbara Mecca.

“I am dismayed this organization targeted Dickson City to advance their cause,” she said, a charge the group denies. “And I feel our officers acted reasonably under the direction of the district attorney’s office.”

While the police report indicates Assistant District Attorney Corey Kolcharno helped police with the incident, the district attorney’s office is not named as a defendant. Efforts to reach Mr. Kolcharno were unsuccessful Thursday.

Contact the writer: cschillinger@timesshamrock.com


©The Times-Tribune 2008

http://www.thetimes-tribune.com/site...d=590572&rfi=8

[CCinPA]

Good article but I just wish reporters would stray away from the gun rights slant. I don't know about anyone else but this is a much bigger issue than solely gun rights, it is a major Civil rights case that will in my opinion be landmark in the end.

I am a gun enthusiast (nut) but this is so much bigger and people better start realizing what it is really all about.

ok my .02 and now Im hopping off my soapbox.

[gnbrotz]

Can't wait to see the comments on this article.

[sluggie24]

WOOHOOOOOOO!!!!!!!!!







I'm doing my happy dance right now.........

[rmarkob]

Originally Posted by CCinPA

At least one person, Richard Banks, of Fairview Township, Luzerne County, refused to provide a driver’s license and was detained.

I wish they'd stop using that word. I wasn't there, but I understand Rich was arrested, though ultimately not charged. It's even in the title of the other thread: http://www.pafoa.org/forum/concealed...-page-196.html

Cuffed and stuffed does not equal "detained".

[ihunt49]

Glad to see the ball is starting to roll. A BIG THUMBS UP to all involved for standing up for ALL Americans rights.

[Big Dog]

I was beginning to wonder when this was going to show up. It was posted on my forum yesterday and I went to looking for it here. Nobody had and I was reluctant for fear of it being posted already (even though I searched) or those that filed just wasn't ready .......... It appeared at GunTruth late Wednesday

[Big Dog]

Originally Posted by Big Dog

I was beginning to wonder when this was going to show up. It was posted on my forum yesterday and I went to looking for it here. Nobody had and I was reluctant for fear of it being posted already (even though I searched) or Rich just wasn't ready .......... It appeared at GunTruth late Wednesday

BTW .......... I'm anxious, like everyone else I'm sure, how this turns about. Thumbs up to the DC group for standing up!

[ThomasJ]

“I am dismayed this organization targeted Dickson City to advance their cause,” Borough Council President Barbara Mecca said.

Arrogance and ignorance.

[TaurusGuy]

Yeaaahhhh.....uh....I am tired of hearing how we picked Dickson City like some sort of target to advance the "cause"....we had a get together and it was a central location for us....unfortunately for all involved, it happened to be in Dickson City. There was no planning ahead of time to descend upon DC to prove anything to them.

I also agree that this is more about civil rights and the police over-stepping their bounds than it is about gun rights. The guns were simply the catalyst in this case...the police just went way overboard.

And yeah...Rich was more than "detained"....I consider that I was "detained"....it sure seemed to me that Rich was arrested.

Oh well, it will all come out in due time.