Comm2A Sues Town of Dighton

Status
Not open for further replies.
Small world: Matt Trask one one of my friends growing up and lived in neighborhood across street from me.
 
terraformer said:
In effect, someone who has qualified immunity won't be forced to pay anything. They get that fictional protection by acting in a way that has not been clearly deemed unconstitutional by the courts.
Click to expand...

So if they plaintiffs win this suit, and the chief does something similar again, would he lose qualified immunity? What about a different chief?
 
jar said:
So if they plaintiffs win this suit, and the chief does something similar again, would he lose qualified immunity? What about a different chief?
Click to expand...

Yes and Yes. If we win, and any chief does something like this again, immunity could be pierced. It will depend on a few factors, but this is the direction we are heading in. It will take time.
 
Hello all,

Thank you for the positive feedback on this case, and a special thanks to everyone at Comm2A for making this happen.

There have been a few questions about "why did we do this" or "home come this was (or was not) included in the complaint". For obvious reasons, I don't want to comment about the case in the event the Defendant or their attorney has a presence on this site, but comments and explanations from terraformer and Knuckle Dragger provide worthy insight - and we still might have an ace or two up our sleeve that we don't want to hand over on a silver platter if we don't have to. Other supporting documents (police report and other corroborating documentation) and subsequent pleadings will be linked up on NES and/or passed along to Comm2a for their website once they are filed with the court or provided to the Defendants through discovery for similar reasons.

This case has a real opportunity to do some good for legal challenges in MA down the road, so please continue to support Comm2A and all the folks that help us stand up for our rights.

MPT
 
2A_Esq. said:
Hello all,

Thank you for the positive feedback on this case, and a special thanks to everyone at Comm2A for making this happen.

There have been a few questions about "why did we do this" or "home come this was (or was not) included in the complaint". For obvious reasons, I don't want to comment about the case in the event the Defendant or their attorney has a presence on this site, but comments and explanations from terraformer and Knuckle Dragger provide worthy insight - and we still might have an ace or two up our sleeve that we don't want to hand over on a silver platter if we don't have to. Other supporting documents (police report and other corroborating documentation) and subsequent pleadings will be linked up on NES and/or passed along to Comm2a for their website once they are filed with the court or provided to the Defendants through discovery for similar reasons.

This case has a real opportunity to do some good for legal challenges in MA down the road, so please continue to support Comm2A and all the folks that help us stand up for our rights.

MPT
Click to expand...

Thank you for your work on behalf of all law abiding citizens - we appreciate it. Keep it up...
 
2A_Esq. said:
Other supporting documents (police report and other corroborating documentation) and subsequent pleadings will be linked up on NES and/or passed along to Comm2a for their website once they are filed with the court or provided to the Defendants through discovery for similar reasons.
Click to expand...

No worries. I didn't realize they hadn't been filed with the complaint. Good luck, and let me know if you need anything.
 
Great job, team! Keep up the good work. As soon as I have my bills paid up, there'll be a small donation going to Comm2A.

What happens to point # 40?

40. Even if the Plaintiffs firearms rights were to be reinstated, the Defendant has unjustly prejudiced the Plaintiffs ability to obtain a License to Carry Firearms, and to purchase a firearm in the future, as protected by the Second and Fourteenth Amendments to the United States Constitution. Upon submitting to any future background check connected with the purchase of a firearm, and/or upon the application or renewal for a License to Carry Firearms or Firearms Identification card, the Plaintiff must disclose, for the rest of his life, that his right to possess a firearm had been "revoked, suspended or denied".
Click to expand...

If you win the suit, one could argue that his right was never truly "really" revoked, suspended or denied because the denial, revocation, and/or suspension was overturned on Constitutional grounds.

If you win will he be able to truthfully answer "no" to the question? Or will he have to carry a copy of his judgment (note only one 'e' in that word!) with him for the rest of his life?
 
I'm sure a press release to the local paper explaining "Town pays Comm2A legal fees in the amount of $x" would be very well received by the selectmen.
Click to expand...

This usually costs the towns nothing or next to nothing, as they all have insurance policies to cover law suits.




Don't the police need a warrent to seize guns upon LTC revocation or does the MGL substitute for that (legally or illegally)?

BTW, good work Comm2a. I will be upping my monthly donation.

eta: donation changed
 
Last edited:
Pilgrim said:
This usually costs the towns nothing or next to nothing, as they all have insurance policies to cover law suits.
Click to expand...

Up to a point. I know of one town that was sued for a variety of different issues and the settlements were more than the limits on their policy. They also found that like any other customer, their rates went up when someone sued them and the insurance company had to pay out. It can get pretty expensive, especially for a small town.

Only the bigger cities might be able to self insure. I know that Boston does, but I don't know of any others.

- - - Updated - - -

terraformer said:
Yes and Yes. If we win, and any chief does something like this again, immunity could be pierced. It will depend on a few factors, but this is the direction we are heading in. It will take time.
Click to expand...

Thanks, the answers my next question. So, the first decision won't pierce the immunity, but subsequently, because the chiefs and others are on notice, it could pierce the immunity. I wasn't aware of that.
 
Pilgrim said:
This usually costs the towns nothing or next to nothing, as they all have insurance policies to cover law suits.
Click to expand...

This does not matter to the citizens who elect their officials. They don't think "ah insurance will cover it." They don't even know insurance like this even ****ing exists.

If you list a giant number preceded by "$" and followed by "paid to Comm2A thanks to Sheriff DingleBerry's incompetence", guess who's asses are on the line?

the selectmen and the sheriff's.

People eat media at a retarded level of comprehension. You tell the truth about how much an idiot Cop cost the town he serves and people will start to think about "how could this happen?" and investigate further. Outrage fuels comprehension- you want to understand why something bad happened. It's the reason why the media pounces on trials of people who did horrible things- people want to know why and how.

The news of this case makes me giddy. Reading that complaint makes you feel all warm and fuzzy inside because it inspires so much confidence.
 
flintoid said:
The news of this case makes me giddy. Reading that complaint makes you feel all warm and fuzzy inside because it inspires so much confidence.
Click to expand...
Yeah I'm in tears. It only gets better from here, I know. (The biggest obstacle to repeal 2A is the repealing process itself, or it seems.)
 
Rick1987 said:
I thought Dighton was a green town?
Click to expand...

Like Knuckle Dragger says, this doesn't mean anything. Issuance of an unrestricted LTC-A does not tell you whether or not the PD is anti gun on the back end. Some anti gun PDs appear "green" because it's more politically expedient for them to do so rather than cause problems. It's not because they -want- to issue the licenses, it's because they don't want to deal with the potential BS (or I should say, righteous retaliation by the citizens!!!) that can happen to them when they deny or restrict.

-Mike
 
Garys said:
Thanks, the answers my next question. So, the first decision won't pierce the immunity, but subsequently, because the chiefs and others are on notice, it could pierce the immunity. I wasn't aware of that.
Click to expand...

The first decision may pierce the immunity. If the court feels that the chief had a reasonable belief that he was within the law when he acted, no piercing. Since the chief has probably heard of the fourth amendment, and has read the statute that permits him to issue the FID, I don't believe he should be able to claim ignorance.
 
I'm not privy to Comm2a's thinking, but there are probably strategic reasons to not go after officials personally in a state like MA.
 
flintoid said:
The news of this case makes me giddy. Reading that complaint makes you feel all warm and fuzzy inside because it inspires so much confidence.
Click to expand...
ME TOO!. This is one of those cases that reminds me why we do what we do.

TheRoland said:
I'm not privy to Comm2a's thinking, but there are probably strategic reasons to not go after officials personally in a state like MA.
Click to expand...
It's pointless and a distraction. Qualified immunity is practically absolute immunity which is what prosecutors enjoy. We need to focus on the issue of the right being denied. The threat of being on the losing end of a federal civil rights action is incentive enough. We don't really need to get into the personal liability aspect of it. At lease not anytime soon.
 
Last edited:
this has gotta be a slam dunk. unreal. Hope the Sgt loses his job, he's not suitable to wear a badge.
 
Status
Not open for further replies.

Similar threads

True Velocity sues Sig Sauer, alleging stolen trade secrets
Replies
24
Views
597
drgrant
drgrant
City of Chicago sues Glock Inc. over 'facilitating' illegal gun conversions: The firearms can be turned into machine guns for as little as $20
Replies
25
Views
529
jkelly1229
J
Finally finished...well sort of
Replies
14
Views
498
Mountain
Mountain
LTC application in your town
Replies
1
Views
384
dragonballzz
D
Mall of NH shooting
2
Replies
50
Views
2K
hunt4riches
H
Back
Top Bottom