Comm2A WINS again(!) over minor past pot conviction

[Comm2A]

Today Comm2A filed a federal suit challenging the constitutionality of MA LTC law making one time pot charges lifetime DQ.
What is particularly galling about this case is Comm2A has already won an identical case on this point (Wesson v. Fowler). But yet, the state continues to deny licenses to similarly situated people to Wesson and Woods. No problem. We will do this over and over again until they get it right.

This one is called Richmond v. Peraino
http://www.comm2a.org/index.php/55-projects/225-richmond

Order

 

[terraformer]

PS: We have more cases to announce this week or the next. Including one more similar to the above that will be filed in the next week or two.

 

[drgrant]

So is this basically a triple combo automatic tiger uppercut vs MA because they're obviously ignoring the result of Wesson v Fowler?

-Mike

 

[terraformer]

So is this basically a triple combo automatic tiger uppercut vs MA because they're obviously ignoring the result of Wesson v Fowler?

-Mike

I will take your word for it...

 

[Knuckle Dragger]

PS: We have more cases to announce this week or the next. Including one more similar to the above that will be filed in the next week or two.

Actually, we have more going on than we have time to brag about. But that's changing, we've got some people to start helping with that part.

 

[73BLow]

I was going to send a PM, but maybe others might want to know this too..

How do I switch from a Gold to Platinum Sponsor? Do I just change it via paypal?

 

[jar]

It sure seems that a hypothetical reasonable person in the defendants situation would know that his actions violate clearly established law . . .

 

[Len-2A Training]

So is this basically a triple combo automatic tiger uppercut vs MA because they're obviously ignoring the result of Wesson v Fowler?

-Mike

It sure seems that a hypothetical reasonable person in the defendants situation would know that his actions violate clearly established law . . .

EOPS put the word out after Wesson v. Fowler that that win ONLY applied to those particular individuals and nobody else!

Denial isn't only a river in Egypt!

 

[terraformer]

It sure seems that a hypothetical reasonable person in the defendants situation would know that his actions violate clearly established law . . .

Next time we go after the LA's immunity. We aren't playing around on this crap any longer.

 

[economist]

Excellent.

 

[Knuckle Dragger]

I was going to send a PM, but maybe others might want to know this too..

How do I switch from a Gold to Platinum Sponsor? Do I just change it via paypal?

If it's PayPal, you can do it through them. Just let us know [email protected] so we can update your record. And please don't send PMs.

EOPS put the word out after Wesson v. Fowler that that win ONLY applied to those particular individuals and nobody else!

Denial isn't only a river in Egypt!

This is fully on EOPSS and their intransigence. I know for a fact that the AG's office does not want to re-litigate a case that they've already conceded.

 

[soam]

This is fully on EOPSS and their intransigence. I know for a fact that the AG's office does not want to re-litigate a case that they've already conceded.

Aww, poor AG's office. Let me find my tiny violin.

 

[Len-2A Training]

This is fully on EOPSS and their intransigence. I know for a fact that the AG's office does not want to re-litigate a case that they've already conceded.

I'd love to see a certain EOPS attorney strung up!

 

[terraformer]

And the judge has already spoken:

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Defendant shall respond to the Motion for Preliminary Injunction 10 days after receipt of the complaint and Motion for Preliminary Injunction and supporting documents. Plaintiff shall serve this order on the defendant. re 2 MOTION for Preliminary Injunction filed by Commonwealth Second Amendment, Inc., Steven Richmond, Set Deadlines as to 2 MOTION for Preliminary Injunction .( Responses due by 3/28/2015)(Simeone, Maria)

Basically, he is telling whatever town we sued, answer this complaint with a responsive pleading within 10 days.

 

[FrugalFannie]

Today Comm2A filed a federal suit challenging the constitutionality of MA LTC law making one time pot charges lifetime DQ.
What is particularly galling about this case is Comm2A has already won an identical case on this point (Wesson v. Fowler). But yet, the state continues to deny licenses to similarly situated people to Wesson and Woods. No problem. We will do this over and over again until they get it right.

This one is called Richmond v. Peraino
http://www.comm2a.org/index.php/55-projects/225-richmond

evidently Manchester, NH keeps doing this too

 

[xtry51]

Stick it to them!!

 

[xero2099]

Next time we go after the LA's immunity. We aren't playing around on this crap any longer.

release the hounds!!!!!

 

[matt9112]

And news?

 

[jar]

The next news will be when the town's response is filed on 3/28.

 

[Knuckle Dragger]

Oppositions have been filed by both parties.

Hingham has chosen to fight this one and has filed a motion to dismiss (MTD) and an opposition to our motion for a preliminary injunction. We've respond with a detailed opposition to their MTD.

Richmond v. Peraino

 

[terraformer]

I just want to point out we filed out response to the towns weak MTD within a day.

 

[JFR2]

Well written response by Attny Scrimo!! Thanks again to Comm2A and their League of Distinguished Lawyers!
(And Attny Ryan should be embarrassed by that MTD. Total lazy weaksauce!

-JR

 

[Rob Boudrie]

Well written response by Attny Scrimo!! Thanks again to Comm2A and their League of Distinguished Lawyers!
(And Attny Ryan should be embarrassed by that MTD. Total lazy weaksauce!

-JR

You never know how a court will act. By filing a MTD, however, weak, the defendant is keeping the ball in play so that an anti-gun rights judge could grant the motion. Both the Jarvis v. Village vault case (in which the court decided that the VV was not a state actor like tow companies are) and Draper v. Healey (in which the court decided that the AGs regulations were presumptively lawful; that the AG does not have to explain her decision; and that interpretation is obvious to persons of ordinary intelligence) are examples where the court decided based on the desired outcome the judge wanted, and not the actual merits of the case.

 

[Knuckle Dragger]

Comm2A Wins Again

Decision in our favor was released this morning. Read it here.

No word yet on whether the state will actually honor this ruling.......

 

[Cmaro21]

Congrats on your win! I hope that Richmond can get his license from Peraino now.

 

[JJ4]

Decision in our favor was released this morning. Read it here.

No word yet on whether the state will actually honor this ruling.......

Great job! Keep it up Comm2A!!

Sent from my SM-G920V using Tapatalk

 

[Rob Boudrie]

Decision in our favor was released this morning. Read it here.

No word yet on whether the state will actually honor this ruling.......

I expect the state to honor this ruling, however two interesting questions remain:

1. How much will Comm2A collect in 42 USC 1983 legal fees? Note I said "how much", not "will"

2. Will the commonwealth continue to take the position that this ruling applies only to the individual plaintiffs, and continue to deny others in similar circumstances?

If the answer to #2 is Yes, rest assured Comm2A will be prepared to handle more cases of this nature, and continue to collect legal fees from the state and/or town issuing denials on this basis.

 

[Len-2A Training]

I expect the state to honor this ruling, however two interesting questions remain:

1. How much will Comm2A collect in 42 USC 1983 legal fees? Note I said "how much", not "will"

2. Will the commonwealth continue to take the position that this ruling applies only to the individual plaintiffs, and continue to deny others in similar circumstances?

If the answer to #2 is Yes, rest assured Comm2A will be prepared to handle more cases of this nature, and continue to collect legal fees from the state and/or town issuing denials on this basis.

#2. I think you'll be having more work on this shortly.

 

[doctorbossman]

Congrats and thank you Comm2A.
Donation sent.

 

[Rob Boudrie]

#2. I think you'll be having more work on this shortly.

If this is true, it will be an easy way for Comm2A to boost our win/loss ratio, without any long term impact to our finances since we collect legal fees from the state at the conclusion of this sort of case.