Re: Open carrier unlawfully tased, arrested, and falsely charged wins in court
Quote:
Originally Posted by
PAMedic=F|A=
He walked into a gun store, which Walmart and rural king still is, to get an accessory for his gun and took it with him to make sure it fit. How is this not a good idea.
Management should be fired.
Because of how he went about it.
Re: Open carrier unlawfully tased, arrested, and falsely charged wins in court
Well, the words "Walmart" and "West Virginia" go a long way towards explaining the whole situation. Kinda gives context to the actions of the police and the dopey jackass walking into a retail store with an uncased long gun and an open carry pistol.
Re: Open carrier unlawfully tased, arrested, and falsely charged wins in court
Quote:
Originally Posted by
PAMedic=F|A=
He walked into a gun store, which Walmart and rural king still is, to get an accessory for his gun and took it with him to make sure it fit. How is this not a good idea.
Management should be fired.
LOL!!!
Walmart is a gun store?
How is this not a good idea?
LOL!!!
Re: Open carrier unlawfully tased, arrested, and falsely charged wins in court
Quote:
Originally Posted by
Carson
Qualified immunity does not protect officers that "knowingly violate the law."
Anybody other than a police officer: "Ignorance of the law is not an excuse".
Police officer: Sure, he violated the law, but he didn't "knowingly violate the law."
Eliminate qualified immunity.
Re: Open carrier unlawfully tased, arrested, and falsely charged wins in court
This was just stupid. What did he expect? Common sense would say to just have it cased until you get back to sporting goods then tell them your plan. I look at a rifle on a sling like a holstered pistol. Holding the shotgun in hand walking through a store seems irresponsible.
Re: Open carrier unlawfully tased, arrested, and falsely charged wins in court
I won't join the discussion on "Was the initial take my new shotgun to Walmart decision uneducated or not?".
I'm making my judgement on lies from the audio, and the video where Walmart staff members are within inches of the shotgun yet they are still breathing. The video shows Walmart staff with the individual until Walmart critters see the gun blazing commando style police officers approaching them. Then the Walmart critters run off as if they were in imminent danger of being shot by police and not the unloaded shotgun.
These highly trained commandos with Semi-Fully Auto aggressive rifles should have used their situational awareness skills and watched what was occurring for about 30 seconds before escalating this.
Re: Open carrier unlawfully tased, arrested, and falsely charged wins in court
Quote:
Originally Posted by
ExFlyinguy
I didn't watch the video. If my memory serves me correctly my LGS requires long guns be cased, and hand guns to be holstered or cased. All of which seem reasonable to me.
Was this knuckle head walking around at low ready? That would be where I think it to be "not a good idea".
And most LGS have signs to that effect, while Walmart doesn't.
Re: Open carrier unlawfully tased, arrested, and falsely charged wins in court
Quote:
Originally Posted by
Carson
You may get your wish very soon. But I guarantee it won*t have the effect you thought it would.
Qualified immunity allows police officers to respond to incidents quickly, make split-second decisions and rely on their training and the current state of the law in making those decisions. The loss of qualified immunity protection would have a profound effect on police officers and would limit their ability and willingness to respond to both critical incidents and routine calls without hesitation.
Qualified immunity does not protect officers that "knowingly violate the law." In cases where it is obviously, or sufficiently clear, that the officer's conduct was unlawful, qualified immunity is unavailable and the case will proceed to trial.
Qualified immunity does not protect a police officer from criminal charges, internal investigations and/or termination.
The issue is as complicated as you say. Nobody would work at a job for $25/hour where they faced unlimited personal liability and jail time for any mistakes at all, in addition to the chance of being killed in traffic or by some career criminal who will do anything to avoid going back to jail again. Add in the fact that false accusations by soulless citizens are common, and politicians will happily throw you under the bus to salvage their careers, even if you did nothing wrong.
On the other hand, when you give someone a gun and the power of the state to order folks around, there must be some safeguards.
If you ask 1,000 reasonably informed citizens where that balance should be set, you'll get 1,001 different answers.
Re: Open carrier unlawfully tased, arrested, and falsely charged wins in court
Quote:
The American public maintains the right to sue civil servants who violate their rights under Section 1983 of Title 42 of the U.S. Code. But the Supreme Court has radically limited that right over the years. First, there was the decision in Pierson v. Ray (1967), which held that public officials may avoid civil suits if constitutional violations were made in "good faith." In Harlow v. Fitzgerald (1982), the high court took that a step further: Victims may not sue state actors for misbehavior unless that misbehavior was "clearly established" in previous case law.
The Supremes were obviously sharing the magic mushrooms among themselves the day that they made that decision in Harlow v Fitzgerald. This is also during the time period when it was established that vaccine manufacturers couldn't be sued by those that suffered harm from the company's negligence. Again, referring back to getting approval from the government to sue the government. The police and the citizens did just fine when you could sue for blatant intended civil rights violations which government employees are now protected from. This isn't just about the police. Maybe some minor tweaks to protect both employees and citizens from unscrupulous lawyers but get rid of the previous case example because that's just plain ridiculous and spurious behavior from the court.
With this guy with the shotgun, was he kind of a dunce for bringing the shotgun into a store uncased? Yeah, he's thick as a brick but that's no reason to go so overboard to taze the guy instead of talking to him from a distance obviously to understand the situation. If he refused to communicate yeah, taze him and arrest him but that wasn't the case looking at the video.
WTF? Over.
https://www.youtube.com/watch?v=D_wFX9bJFcs
Re: Open carrier unlawfully tased, arrested, and falsely charged wins in court
Quote:
Originally Posted by
Royinmontco
Anybody other than a police officer: "Ignorance of the law is not an excuse".
Police officer: Sure, he violated the law, but he didn't "knowingly violate the law."
Eliminate qualified immunity.
Put that badge on everyday and see how you feel