Follow-up: Birminghan Teen's Lawsuit Dismissed

Follow-up: Birminghan Teen's Lawsuit Dismissed

This is a discussion on Follow-up: Birminghan Teen's Lawsuit Dismissed within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; As a follow-up to the closed thread: http://www.defensivecarry.com/forum/...g-tried-5.html "Michigan is an open carry state, meaning it’s legal for anyone over the age of 18 to ...

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Thread: Follow-up: Birminghan Teen's Lawsuit Dismissed

  1. #1
    Senior Member Array Caertaker's Avatar
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    Follow-up: Birminghan Teen's Lawsuit Dismissed

    As a follow-up to the closed thread: UPDATE: Kid in Birmingham Mi Open carrying a rifle is going to be tried

    "Michigan is an open carry state, meaning it’s legal for anyone over the age of 18 to openly carry firearms. Nor is it required in Michigan for people to carry identification.

    A jury acquitted Combs on two of the charges, while the third was dismissed by 48th District Court Judge Marc Barron. Combs filed his civil lawsuit in October 2012 in U.S. District Court, claiming his Fourth Amendment rights had been violated through false arrest and false imprisonment. He also filed a malicious prosecution claim.

    According to the city’s release, Judge Victoria Roberts, dismissed the claims on the grounds that Combs’ “youthful appearance” justified the police officers asking to see his identification:

    “The Court found that under the totality of the circumstances, including Mr. Combs’ youthful appearance, the police officers’ requests for proof that Mr. Combs was 18 constituted a lawful command; and Mr. Combs’ refusal to provide such proof gave the police officers probable cause to arrest him for resisting their lawful command.”

    Article "Gun-toting teen's lawsuit against Birmingham dismissed in court" here: http://http://www.hometownlife.com/a...ismissed-court
    "I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations” – James Madison 1788


  2. #2
    Distinguished Member Array oldman45's Avatar
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    There are many things in this world a person should do. Failing to provide what an officer asks for is NOT one of them. Not carrying identification is another. Things happen. A jogger can fall and rendered incapable of getting up or talking. A car accident can happen and a family need to be notified.

    A police officer would not know if a gun was stolen or someone is underage unless he stops to ask. Then a wanted person will give a false name. Without identification, a person is asking to be hauled in.

    I feel the Judge did right here and I feel the kid was a punk that wanted to push the limits in his mind. The suit should have been dismissed and the kid should have to pay all expenses involved in the suit.
    Wolf357 and american23 like this.
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    VIP Member Array Ghost1958's Avatar
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    If im not driving or carrying concealed I have no legal requirement to be carrying an ID. We are not yet living in a country where we must display papers on demand as in Russia or NK etc. At least not in my state. And I think we are free to travel state to state without a passport or we were last time I looked.

    Course nobody in their right mind is going to wonder if Im 18 or not LOL
    " It is sad governments are chief'ed by the double tongues." quote Ten Bears Movie Outlaw Josie Wales

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    VIP Member Array maxwell97's Avatar
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    I think the lawsuit was a bridge too far. The criminal charges were dropped, there you go, be on your way.
    "Yet this government never of itself furthered any enterprise, but by the alacrity with which it got out of the way... The character inherent in the American people has done all that has been accomplished; and it would have done somewhat more, if the government had not sometimes got in its way."

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    Without the lawsuit, there is no cause for the police to not make an unlawful arrest. It's not about reward for the young man; it's about providing initiative to the police to follow the law and respect individual rights. Having the charges merely dropped is hardly an incentive to get it right.
    Retired USAF E-8. Lighten up and enjoy life because:
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  6. #6
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    OldVet said it better than I could. The arrest was illegal, otherwise the charges would not have been dropped. Where is the incentive to keep similar illegal arrests from happening again?
    gatorbait51 and Aceoky like this.

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    VIP Member Array Badey's Avatar
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    Quote Originally Posted by maxwell97 View Post
    I think the lawsuit was a bridge too far. The criminal charges were dropped, there you go, be on your way.
    If you ever have to spend thousands of dollars to defend yourself from bogus charges, remember your own words and see what consolation they bring you.


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    Though defensive violence will always be a sad necessity in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men -St. Augustine

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