Man Paid $15K After Police Challenged Gun In Park

[middlefinger]

Man Paid $15K After Police Challenged Gun In Park

Bill Miller Says Loveland Officers Violated Right To Openly Carry Gun


LOVELAND, Colo. -- The city of Loveland will pay a $15,000 settlement to a man who said his civil rights were violated when police briefly seized a handgun he was openly carrying at a park.
However, a Loveland Police Department statement on Wednesday said, "Police Chief Luke Hecker has supported the actions of the involved officers and expressed that, given the public location of the contact, in conjunction with the presence of other people in the park, the officers acted professionally and reasonably."
"In settling the lawsuit, the police chief steadfastly maintains that perspective," the statement said.


The statement said the city and Police Department settled the civil rights lawsuit that gun owner Bill Miller filed last year "to avoid the excessive cost of ongoing litigation at the expense of Loveland’s taxpaying residents."

The lawsuit arose from an October 2008 incident when a resident reported to police that a man was openly displaying a gun holstered on his waist at South Shore Scenic Park.

Responding officers contacted the gun owner to "determine if Mr. Miller had any intention of harming himself or someone else with the weapon," the police statement said. "For the safety of the citizens in the park, Mr. Miller, and for themselves, the officers momentarily disarmed Mr. Miller and unloaded his pistol.

"After determining that Mr. Miller was not a danger to himself or anyone else, the police officers returned the pistol and ammunition to Mr. Miller, and ended the contact," the statement said.

In his lawsuit, Miller said police violated his constitutional right to openly carry a gun and conducted an illegal search and seizure.
In the settlement, the Police Department agreed that its police officers will receive additional training about the Constitution's Second Amendment, which protects the "right of the people to keep and bear arms," and Fourth Amendment protections "against unreasonable searches and seizures."

http://www.thedenverchannel.com/news...74/detail.html

[bac0nfat]

The title is misleading, it sounded like the man had to pay $15,000, not the other way around. But that is just awesome.

[The_War_Wagon]

So even though the chief was LEGALLY WRONG, he insistes his officers actions were 'good.'

Sounds like Loveland needs a new Chief - one who preferably, knows the laws of the municipality he's paid to enforce.

[Robert Kayland]

"Police Chief Luke Hecker has supported the actions of the involved officers ..."

Blah, blah, blah, whatever...

Message to chief: Regardless of platitudes mouthed, nothing says "We f*cked up!" like having to cough up $15 large.

/even if it was from the public coffers

[ROCK-IT3]

I can never get over the idea of "disarming for public and officer safety". A man is minding his own business in the park, and someone else decides they are going to introduce a drawn weapon into the situation "for safety". Makes sense to cops, I guess.

[Ricochet]

So even though the chief was LEGALLY WRONG, he insistes his officers actions were 'good.'

Sounds like Loveland needs a new Chief - one who preferably, knows the laws of the municipality he's paid to enforce.

I used to live a few miles from Loveland CO from 2006-2008.

Back then, I never once had a problem wit OC'ing there.

I guess thins have changed.

Hell, except for Denver, you dont even need a CHL or LTCF while in a vehicle.

[PhillyAR]

15 grand just for taking his pistol off him and then giving it back to him ? All the people having problems with the cops should be able to sue for at least 50k for their ordeals. Maybe we could use this case to make sure local governments tell their cops to stop harassing people.

[ROCK-IT3]

15 grand just for taking his pistol off him and then giving it back to him ? All the people having problems with the cops should be able to sue for at least 50k for their ordeals. Maybe we could use this case to make sure local governments tell their cops to stop harassing people.

There is no case. Apparently it was settled out of court. It would be up to each municipality to decide if it was worth fighting a suit or settling. Loveland, CO decided it wasn't, Philly would probably decide it was.

[redeye202]

This story needs to be placed on the board in every ready room of every PD in Pa.

[Elmar]

This story needs to be placed on the board in every ready room of every PD in Pa.

They wouldn't care - it wasn't in our state and the officers didn't have to pay anything.