Federal civil rights lawsuit filed against West Milwaukee

This is a discussion on Federal civil rights lawsuit filed against West Milwaukee within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; DC Gun Rights Examiner: Breaking News: Federal civil rights lawsuit filed against West Milwaukee Mike Stollenwerk, DC Gun Rights Examiner . Today civil rights attorney ...

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Thread: Federal civil rights lawsuit filed against West Milwaukee

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    Member Array Kevin Jensen's Avatar
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    Federal civil rights lawsuit filed against West Milwaukee

    DC Gun Rights Examiner: Breaking News: Federal civil rights lawsuit filed against West Milwaukee

    Mike Stollenwerk,
    DC Gun Rights Examiner
    .

    Today civil rights attorney John Monroe filed a federal lawsuit against West Milwaukee and it's police force for gross abuses of power against a man solely because the man was legally carrying a holstered gun. A copy of the lawsuit can be found here.

    The complaint alleges that police illegally detained, harassed, and arrested Jesus Gonzalez without cause in violation of the federal constitution. Further, the complaint alleges that police unlawfully demanded Gonzalez' social security number in violation of Section 7 of the Federal Privacy Act, arguably a felony under the Social Security Act at 42 USC 408.

    Mr. Gonzalez was never actually tried in court, but the complaint alleges that the police have refused to return the property confiscated from Mr. Gonzalez. OpenCarry.org's co-founder John Pierce, a law student at nearby Hamline University in Minneapolis, MN where open carry is also legal, says that "the police have no more power to confiscate openly carried handguns that they do to confiscate openly carried cell phones."

    In Wisconsin, like most states, citizens can openly carry handguns in public without any permit. Recently a Wisconsin judge ruled that mere open carry of holstered handguns is not "disorderly conduct" in Wisconsin.

    Forty-eight states allow concealed carry of handguns, but all of these states but Vemont and Alaska require a permit to carry concealed. Wisconsin Governor Jim Doyle (D) has repeatedly vetoed legislation that would have created a concealed handgun permit program for those who wish to carry their handguns concealed in Wisconsin.

    Currently "open carry" is the only option for citizens wishing to carry handguns in Wisconsin. Doyle argued that concealed carry is not necessary because in Wisconsin citizens can already carry handguns on their hip.

    In a statement to the Examiner regarding this new lawsuit, Gonzales' attorney John Monroe said:

    "Despite the fact that the governor and multiple other state officials have declared that open carry is not illegal, some law enforcement officers continue to deprive Wisconsin citizens of their constitutional rights by harassing them for engaging in this perfectly lawful behavior."

    Civil rights organizers, The Lakeland Times' Richard Moore, and groups like OpenCarry.org have previously warned Wisconsin officials that lawsuits would follow if the unlawful police intimidation against open carriers did not stop. Cities in Pennsylvania, Virginia, Georgia, and Louisiana have paid cash settlements over the last two years to settle lawsuits by open carriers. In one Virginia case, a federal judge upheld the lawsuit mainly on the grounds of unlawful social security demands by police, something alleged against West Milwaukee by Mr. Gonzalez in his complaint filed today in federal court.

    Last year the United States Supreme court overturned the DC gun ban in District of Columbia v. Heller, holding that the Second Amendment provides the right to own and "carry" handguns. The Court's opinion in dicta noted that while bans on concealed carry outside the home were probably not unconstitutional, state courts have historically held that the right to open carry guns outside the home is constitutionally protected. Wisconsin state courts have gone further, holding that in some instances concealed carry may be protected by the Wisconsin constitutional which provides at Article I, Section 25 that:

    "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."
    Kevin Jensen
    Utah State Researcher,
    www.opencarry.org

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    Distinguished Member Array tinkerinWstuff's Avatar
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    I hope he wins a pile of money. Doyle's a dummy.
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

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    VIP Member Array Tubby45's Avatar
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    Glad I moved out of there. I couldn't stand Doyle much longer.
    07/02 FFL/SOT since 2006

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    'Bout time...'nuff said!

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    I only see one problem; Carrying or being singled out because of a firearm isn't a civil rights issue. But, I think the complainant has a legit issue, its just not one of civil rights.
    "Just blame Sixto"

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    Ex Member Array GreenHorn's Avatar
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    Quote Originally Posted by SIXTO View Post
    I only see one problem; Carrying or being singled out because of a firearm isn't a civil rights issue. But, I think the complainant has a legit issue, its just not one of civil rights.
    The harrasment part is the civil rights violation. Not about his 2a rights I am guessing although that was the catlyst.

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    That could be true, if Mr. Gonzalez can make the case that it was done based on race, sex, religion or national origin.
    "Just blame Sixto"

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    Member Array tflhndn's Avatar
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    actually, discrimination by a governmental agent based on the exercise of a constitutionally protected activity IS a civil rights issue.

    For example, the harrasment or arrest of someone because they are a reluigious leader, member of a particulr religion, etc. would be a civil rights violation.

    Arrest of someone who refused permission to search a home without a warrant, because they refused, would be a civil rights violation.

    Ergo, arrest of a person who is legally in posssion of a firearm could be made into a civil rights action.

    The "protected classes" only apply to discrimination by non-governmental parties.

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    Quote Originally Posted by tflhndn View Post
    actually, discrimination by a governmental agent based on the exercise of a constitutionally protected activity IS a civil rights issue.

    For example, the harrasment or arrest of someone because they are a reluigious leader, member of a particulr religion, etc. would be a civil rights violation.

    Arrest of someone who refused permission to search a home without a warrant, because they refused, would be a civil rights violation.

    Ergo, arrest of a person who is legally in posssion of a firearm could be made into a civil rights action.

    The "protected classes" only apply to discrimination by non-governmental parties.
    True enough. I see the angle now.
    "Just blame Sixto"

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    Member Array Kevin Jensen's Avatar
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    This is why, in the majority of these cases, you will not see somebody sue over a violation of the second amendment.

    Violating somebody fourth, fifth, and fourteenth amendment rights will get some attention real quick.
    Kevin Jensen
    Utah State Researcher,
    www.opencarry.org

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    Senior Member Array rmodel65's Avatar
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    Im just glad they have the Hammer for the case John Monroe is the man



    the suit is a section 1983 federal civil rights suit

    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
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    $$$$$$$$

    Its about time, I just heard this on our local news channel this morning. Maybe Doyle can possibly start to think through his position regarding our 2A rights. I highly doubt it though. He will find a reason to twist this in his favor.
    Dave
    I carry a gun cause a cop is too heavy.

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    VIP Member Array LongRider's Avatar
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    Quote Originally Posted by SIXTO View Post
    That could be true, if Mr. Gonzalez can make the case that it was done based on race, sex, religion or national origin.
    But you don't think he can make a civil rights case because he was harassed he was lawfully exercising a civil right? This is no different than if the police detained him for praying as he walked down the street demanded his social security number, confiscated his bible and refused to give it back without due process. Prohibiting, punishing and harassing a citizen for exercising their civil rights is by definition a civil rights violation. Despite some police officers using their unreasonable fears to justify being liars and wantonly violating the oath they swore to uphold the Constitution of The Untied States and their respective states, while knowingly and deliberately endangering the very lives of the citizens that they also swore to protect.
    Abort the Obamanation not the Constitution

    Those who would, deny, require permit, license, certification, or authorization for me to bear arms are as vile, dangerous & evil as those who would molest, abuse, assault, rape or murder my family

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    Senior Member Array LeCalsey's Avatar
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    Good for him. A few more cases like this one will bust WI open. It's been heading down this path for years
    2A is not negotiable

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    VIP Member Array Tom G's Avatar
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    I hope hope he wins big time. It's about time people like Doyle are put in their place. People like Doyle tend to trample all over peoples rights and get away with it too often. All he dose is cost tax payers money due to his twisted anti gun views.

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