Didn't someone say, "The schooling has just begun"?

[bigbear]

http://www.ldnews.com/ci_11004926?source=rss


Gun mom looks to sue sheriff
By JOHN LATIMER
Staff Writer
Lebanon Daily News


A Lebanon woman who achieved national notoriety when her concealed-weapon permit was taken away after she wore a gun openly to a youth soccer match has hired a lawyer to prepare for filing a federal civil lawsuit in the matter.
Meleanie Hain claims Lebanon County Sheriff Mike DeLeo violated her constitutional rights when he confiscated her license-to-carry permit after a parent complained when Hain wore her holstered handgun to her 5-year-old daughter’s soccer game played Sept. 11 at the city’s Southwest Park.

DeLeo said Hain showed poor judgment and created a danger by wearing her loaded Glock 26 to the youth soccer game. He justified his action to confiscate her permit on a statute of the Pennsylvania Uniform Firearms Act that denies a permit to any “individual whose character and reputation is such that the individual would be likely to act in a dangerous manner to public safety.”

Hain’s permit was returned last month after she appealed DeLeo’s action.

In a hearing in the Lebanon County Court of Common Pleas, President Judge Robert J. Eby questioned Hain’s judgment but ruled that she violated no law by wearing the firearm openly, and DeLeo did not prove that Hain presented a danger.

Two weeks ago, Hain said, she hired Philadelphia-area civil-rights lawyer Matthew Weisberg to represent her.

Weisberg said he has sent a letter to DeLeo and sheriff’s department solicitor George Christianson notifying them of his


--------------------------------------------------------------------------------

Advertisement

--------------------------------------------------------------------------------
intent to file a suit. He has taken no other formal action while awaiting their response.
“I served the sheriff and his solicitor with a notice of my claim and an intent to pursue a lawsuit if they refuse to settle, which I fully expect they will refuse to do,” Weisberg said.

Christianson acknowledged that DeLeo received the letter and promptly turned it over to the sheriff’s department’s liability-insurance carrier. He refused further comment, and DeLeo did not return a call.

Weisberg said he believes several of Hain’s rights were trampled, including her Second Amendment right to carry a firearm and elements of her Fourth Amendment right guaranteeing due process.

“I think her case, in terms of a winning legal perspective, is more complicated than just a Second Amendment case,” he said. “It is not so easy, because it is not necessarily about the denial of her Second Amendment rights and not necessarily about the denial of due process. Rather, it is about the intent to suppress those rights. That is what makes this case so complicated.”

If filed, the suit will seek damages for pain and suffering, but Weisberg did not say how much.

“I’m not there yet,” he said. “What could be the monetary value (of the damage) is hard to decipher. ... I would say that in some respects what she has lost is worse than actual personal injury or physical injury, because she has lost forever a feeling that she was guaranteed under the Constitution. Which is: You can trust police unless you do something wrong.”

Hain, the mother of three young children, said her life has changed, and she has become a target of ridicule and harassment.

She cited an incident in which a neighbor complained to a store manager when she spotted Hain wearing the gun while shopping. When the manager checked the laws, he told her she was permitted to carry the weapon in the store, according to Hain.

“Once I explained that these people were manipulating him for their own agenda, he wasn’t very pleased,” she said.

Hain said DeLeo’s actions have also caused her to lose customers at the babysitting business she operates in her South Second Avenue home. In addition, she feels she may have lost the opportunity to become a police officer because of the publicity generated by her case. She had planned to attend the state-police academy at her own expense, she said, but now she’s afraid she might not be hired because of the controversy.

Although much of the expense was offset by supporters’ donations, Hain said she was also irritated by having to pay $3,000 to defend herself at the appeals hearing.

“It (the lawsuit) is about money, but it is not about money,” she said. “It is wrong for me to have to pay out $3,000 in attorney’s fees to get back my license when I never should have lost it in the first place.”

If she wins any damages, Hain said, she would give the donated money to a fund kept by the Pennsylvania Firearm Owners Association for people who must defend themselves in cases like hers.

JohnLatimer@LDNews.com

I've already made one comment.

[shefearsnothing]

I tried to post this in the news section but it wasn't approved I guess. Anyway, that part about the state police is NOT correct. I was going to apply at the MUNICIPAL police academy. Small detail but BIG difference IMO. I made the decision because I was tired of bitching about LEOs...thought it was time to be part of the solution and I had a goal...wanted to do some drug task force work...but anyway....

As always I thought John did a nice article. Did you see the other article?

Hain shares wisdom with “Your Call” viewers
Lebanon Daily News


Lebanon’s so-called pistol-packing soccer mom made an appearance last week on a televised call-in talk show.
Meleanie Hain, who brought national notoriety to Lebanon in September by carrying a holstered gun to her 5-year-old daughter’s soccer match, appeared Wednesday night on “It’s Your Call with Lynn Doyle,” broadcast from the Philadelphia studios of the Comcast Network.

Hain appeared on a panel that included open-carry advocate Tom Atkins, strict gun-law proponent Bryan Miller and New Jersey police Det. Steve Rogers. The latter two opposed Hain’s behavior.

The lively debate included comments from callers and people interviewed on the street.

—John Latimer

ETA. And yes, I really DID say if the money is returned to me that was paid out to my attorney it will be given to Greg to keep in the account he had for legal matters. He keeps telling me I have no obligation to do that but as I have said repeatedly, you all can't possibly know how much that support among all of the positive thoughts meant to me. I do know what it meant to me and I know how much it will mean should this happen to someone else and I want it to be there for them. (and looking at how Philly is right now I think it's a safe bet it's going to be needed)

[bigbear]

My second comment:

Let me make the first preemptive strike to those that are going to bash this poor woman for doing what she feels is right to protect her rights, as well as those of all of the citizens of the United States:

If I sent a letter to the police saying that I though that you were selling drugs out of your car, and the police came to your house, and just TOLD you that they were going to search your car for drugs, and they did so, and didn't find anything, but then PennDot said that they were going to suspend your license, would you feel wronged?

But why? I mean, if suspending your license saves the life of just one child, isn't it worth it? I mean, do you want kids to die? Are you a child killer? I don't know about anyone else, but I don't want someone that the police have accused of dealing drugs driving on the same roads that I travel every day. Who would?

But wait, you say. I haven't done ANYTHING that was against the law. Why should I lose a priviledge that I have,(driving is a priviledge, not a right, just as is concealed carry), just because someone wrote a letter that said that they thought I was doing something wrong?

Would you feel that you were betrayed by the government? How would you seek to show that they should not do that again?

If you can put yourself in that situation, then maybe you can see why Ms. Hain is doing what she is doing. If not, then go back to the sheep pen, with all of your friends, and work on your "Baaaaa"

[bnkrtstk]

Good luck. Keep some of the money, and buy yourself a new gun.

[Frenchy]

Possibly an oversight, but

"If she wins any damages, Hain said, she would give the donated money to a fund kept by the Pennsylvania Firearm Owners Association for people who must defend themselves in cases like hers."

PAFOA.org and the PAopencary.org group are not the same.

[vetter3006]

I wish you all the best as this is a case to determine what goes forward. As the sheriff should have investigated or questioned you before hand and seen for himself that this is ridiculous and a waste of time due to some liberal stay at home moms making false statements. Good luck.

[LittleRedToyota]

SFN...

THANK YOU!!! for taking this to the next level and filing a civil rights violation suit.

rogue government officials need to be held accountable for their actions.

i have no idea if you have any chance of winning or not, but even forcing them to fight the fight is a HUGE step in the right direction, imho.

[sjohn26]

"If filed, the suit will seek damages for pain and suffering, but Weisberg did not say how much.

“I’m not there yet,” he said. “What could be the monetary value (of the damage) is hard to decipher. ... I would say that in some respects what she has lost is worse than actual personal injury or physical injury, because she has lost forever a feeling that she was guaranteed under the Constitution. Which is: You can trust police unless you do something wrong.” "

I agree she should fight back, but, what will be the monetary source for any damages??


Tax-payer deep pockets - or the sheriffs own money.


I am 100% in favor of holding LEO/lawyers/judges personaly-financially accountable for their actions - but if they simply fall back on the deep-pockets coffers of the taxpayer, it is WE would pay for their mistakes.

[Frenchy]

ROFL

Carissa wrote:
I am so sick of hearing about this lady... I like to call her an idiot... I agree she needs to go some where else.

Hey no one is twisting your arm to read about it are they? If they are, maybe you should call the sheriff and have them arrested...

[andrewjs18]

Best of luck with this, Melanie.