ACLU Wins Gun Lawsuit In R.I.

[Zappa]

Man who sued police for keeping his guns for years gets $20K

PROVIDENCE, R.I. (AP) — A Rhode Island man who sued police for refusing to return his guns for more than six years has been awarded $20,000 in damages by a federal jury.

The Providence Journal reports attorneys from the American Civil Liberties Union representing Jason Richer, of North Smithfield, argued that town police had violated his due process rights.

 

[Squire]

Wrist slap...but he got his guns! And the ACLU actually defended the Constitution, despite g-g-g-g-gUNZ!!!

 

[Admin]

6 years? 20K is way on the light side.

 

[pupchow]

The plaintiff has been posting on another forum for some time, with regard to this case.

Lawsuit: 2nd Amendment, Due Process, etc...

 

[Squire]

"On the initial suit, I obtained my objective of setting a precedent. And there is another suit following mine that does not have statute of limitation issues like mine attached to it, to be heard on the 23rd of this month. I'll try to find that one for you and post it here as my case will support this one."

That guy has done yeoman's work for Consititutional Rights.

What is the PD? They deserve some kind words from the public celebrating the plaintiff's success.

 

[Deleted member 67409]

"On the initial suit, I obtained my objective of setting a precedent. And there is another suit following mine that does not have statute of limitation issues like mine attached to it, to be heard on the 23rd of this month. I'll try to find that one for you and post it here as my case will support this one."

That guy has done yeoman's work for Consititutional Rights.

What is the PD? They deserve some kind words from the public celebrating the plaintiff's success.

North Smithfield, which actually issues carry permits on a prompt basis usually without much issue.

Wrist slap...but he got his guns! And the ACLU actually defended the Constitution, despite g-g-g-g-gUNZ!!!

Attorney Tom Lyons (mentioned in the ACLU press release) is a 2A-friend and volunteers for the ACLU in addition to having his own practice.

 

[MAGA99]

Hopefully he buys 20k worth of guns and ammo!!

 

[Glockster30]

Yes, $20K for violations wasn't much but as the plaintiff said, a civil rights case without violations has a nominal value of $1.

 

[amm5061]

Wrist slap...but he got his guns! And the ACLU actually defended the Constitution, despite g-g-g-g-gUNZ!!!

The ACLU of RI seems to actually be about defending civil rights, unlike most other state branches of the ACLU. The Mass ACLU is full of moonbats suffering from terminal TDS.

 

[milktree]

Wow... I'm surprised that the cops even *had* the guns after 6-1/2 years. In Mass they'd have been sold off or their value reduced to zero with "storage fees"

 

[dhuze]

Wow... I'm surprised that the cops even *had* the guns after 6-1/2 years......

I saw a "gun closet" in the Burrillville PD about 10 years ago and it was just a pile of confiscated firearms. They were just piled up like nobody gave a shit about somebody's personal property.

 

[Roof gunner]

I saw a "gun closet" in the Burrillville PD about 10 years ago and it was just a pile of confiscated firearms. They were just piled up like nobody gave a shit about somebody's personal property.

Sickening. I got my guns back one time covered in evidence stickers. Nice mess that was

 

[JayR]

Hello

Yeah, $20K wasn't much but believe it or not the value of an abrogated civil right on its own is $1.
You have to prove damages.
It's not an easy thing to do.

Frankly, it was never about the money. It was always about the principal of the matter.
I was told the first time I went in to get the guns that they do not gives guns back without a court order.
I told them that was a violation of my civil rights and the response was "We don't care about your civil rights"!

From that day forward, I didn't care if I got a cent, I only cared about exposing them as acting illegally and making sure everyone knew what they were doing.

It's my hope that refusing a settlement and not signing a nondisclosure, it is the first step in getting legislation in place to stop these illegal seizures and illegal policies and practices that put the burden of proof on the individual to assure them you are worthy to have your legally owned guns.

I did my best, came up a little short of my expectations but I'm not done, I still have another related case open

ACLU Sues N. Smithfield Police for Placing Resident in Danger by Falsely Labeling Him Unstable | News | The American Civil Liberties Union of Rhode Island

and there may be another in the works additional to the link I just provided.

I plan on being a thorn in their side for a long while.

I hate the abuse of power and I believe that is exactly what I have been facing and what I continue to face in this little town.

I hope they know know my resolve..... I am a man of convictions and if 11 years did not convince them of that, I don't know what will.

I won't shut up and go away. Not until I'm cold and dead....

 

[mac1911]

I saw a "gun closet" in the Burrillville PD about 10 years ago and it was just a pile of confiscated firearms. They were just piled up like nobody gave a shit about somebody's personal property.

they dont, i had a small family incident that resulted in guns being confiscated for "evidence" tossed our shit around like a beat up cap gun found in the bottom of the toy box.
Only professional was the state cop there as witness.
he reminded them often that they did not even clear the weapons. Also stopped the detective from roaming around the house. RPITA.

 

[Rob Boudrie]

Wow... I'm surprised that the cops even *had* the guns after 6-1/2 years. In Mass they'd have been sold off or their value reduced to zero with "storage fees"

Once the guns go to the thefthouse, the owner has a brief period of time in which the various fees are well below the value of the gun. I would be able to bail my collection out for somewhere around $3000 - $5000 if I got to the warehouse on Day 1. I have individual guns worth more than that. The typical gun loss occurs while the victim leaves the gun in storage for a year or three while waiting for the issue that cost him/her his license gets sorted out.

Also, the PD does not have the option of telling the theftmaster "store these but do not transfer them to the owner or to any other person or dealer (s) designates". Once the guns go to the thefthouse, the PD loses control.

 

[milktree]

Once the guns go to the thefthouse, the owner has a brief period of time in which the various fees are well below the value of the gun. I would be able to bail my collection out for somewhere around $3000 - $5000 if I got to the warehouse on Day 1. I have individual guns worth more than that. The typical gun loss occurs while the victim leaves the gun in storage for a year or three while waiting for the issue that cost him/her his license gets sorted out.

Also, the PD does not have the option of telling the theftmaster "store these but do not transfer them to the owner or to any other person or dealer (s) designates". Once the guns go to the thefthouse, the PD loses control.

Can you imagine if *ANYTHING ELSE* was treated like this?

 

[enbloc]

6 years? 20K is way on the light side.

He should have Rented guns twice a week, every week and kept the receipts for reimbursement...

 

[JayR]

Here in RI there aren't any places to rent guns except one.
I'm disabled and this one place requires a membership and only allows 1 1/2 hour range time per week.
Between the cost of the membership, travel, port costs, rental and ammo, I couldn't have afforded to do it.

I divorced after 26 years and ended up with the kids despite the fact they were supposed to be with their mom.
One has Asperger's and is now 22. It was all I could do to make ends meet. If not for the fact I ended up with a very supportive woman in my life, I don't know how I could have pulled off any of this.

I made the best of it. This was the result....

It's a miracle I got this far.

On a side note, one of the litigators the ACLU hooked me up with at trial was Lynette Labinger.
Lynette Labinger | America's Top 100 Attorneys®
If you are old enough to recall Brown University and the Title IX battle she should ring a bell.
I had world class representation. Between Tom Lyons and her, I could not have asked for better.
Had I been a paying client, I could not have paid for better.
The ACLU often does not get credit for gun rights but here in RI, they make up for much of what I hear is lacking elsewhere.
If I ever won the lottery, they'd get a huge chunk. I am forever in their debt.

 

[Deleted member 67409]

I saw a "gun closet" in the Burrillville PD about 10 years ago and it was just a pile of confiscated firearms. They were just piled up like nobody gave a shit about somebody's personal property.

To be fair, Burrillville isn't the epitome of police quality. Its Burrillville. I wouldn't expect much from them.

Here in RI there aren't any places to rent guns except one.
I'm disabled and this one place requires a membership and only allows 1 1/2 hour range time per week.
Between the cost of the membership, travel, port costs, rental and ammo, I couldn't have afforded to do it.

I divorced after 26 years and ended up with the kids despite the fact they were supposed to be with their mom.
One has Asperger's and is now 22. It was all I could do to make ends meet. If not for the fact I ended up with a very supportive woman in my life, I don't know how I could have pulled off any of this.

I made the best of it. This was the result....

It's a miracle I got this far.

On a side note, one of the litigators the ACLU hooked me up with at trial was Lynette Labinger.
Lynette Labinger | America's Top 100 Attorneys®
If you are old enough to recall Brown University and the Title IX battle she should ring a bell.
I had world class representation. Between Tom Lyons and her, I could not have asked for better.
Had I been a paying client, I could not have paid for better.
The ACLU often does not get credit for gun rights but here in RI, they make up for much of what I hear is lacking elsewhere.
If I ever won the lottery, they'd get a huge chunk. I am forever in their debt.

Actually there's at least four rental ranges in RI currently: Midstate in Coventry, Sakonnet in Tiverton, Elite in South Kingstown, and the Sporting Shoppe in Richmond. And you're correct about your representation, Tom Lyons is one of a handful of excellent pro-2A lawyers in the state that regularly take up gun cases. I have to get around to meeting him sometime in the near future.

 

[JayR]

<snip>Tom Lyons is one of a handful of excellent pro-2A lawyers in the state that regularly take up gun cases. I have to get around to meeting him sometime in the near future.

Nicest guy in the world and I can tell you firsthand, he gives his pro bono clients the same effort as his paying clients.
Rhiannon S. Huffman was his co-council for the whole case and she too is right up there with him. Both are a one-two punch for 2A Civil rights.
RI sucks when it comes to gun rights and these two are the ones holding the balance in my opinion.
I can't say enough about the RI ACLU and Steve Brown. The support the have given me leaves me forever in their debt.
I told them I was in this for the principal, they believed in me and backed me 100%.

And they are still backing me.... :emoji_thumbsup:

 

[whacko]

Hello

Yeah, $20K wasn't much but believe it or not the value of an abrogated civil right on its own is $1.
You have to prove damages.
It's not an easy thing to do.

Frankly, it was never about the money. It was always about the principal of the matter.
I was told the first time I went in to get the guns that they do not gives guns back without a court order.
I told them that was a violation of my civil rights and the response was "We don't care about your civil rights"!

From that day forward, I didn't care if I got a cent, I only cared about exposing them as acting illegally and making sure everyone knew what they were doing.

It's my hope that refusing a settlement and not signing a nondisclosure, it is the first step in getting legislation in place to stop these illegal seizures and illegal policies and practices that put the burden of proof on the individual to assure them you are worthy to have your legally owned guns.

I did my best, came up a little short of my expectations but I'm not done, I still have another related case open

ACLU Sues N. Smithfield Police for Placing Resident in Danger by Falsely Labeling Him Unstable | News | The American Civil Liberties Union of Rhode Island

and there may be another in the works additional to the link I just provided.

I plan on being a thorn in their side for a long while.

I hate the abuse of power and I believe that is exactly what I have been facing and what I continue to face in this little town.

I hope they know know my resolve..... I am a man of convictions and if 11 years did not convince them of that, I don't know what will.

I won't shut up and go away. Not until I'm cold and dead....

Thank you for standing up for yourself
.....and consequently the rest of us!

 

[Rob Boudrie]

The good news is the pro bono legal staff can file a 43USC1983 claim for legal fees. Comm2a did this successfully twice (the non-citizen case and the marijuana case)

 

[JayR]

Yes, I'm waiting to learn if the Inter-local Trust, their insurance company will be on the hook for that or if the town will get the tab for those legal fees.
They must be considerable!

 

[JayR]

Thank you for standing up for yourself
.....and consequently the rest of us!

It was my pleasure.

My dad was a WWII pilot. He died when I was 10.
He instilled in me a gratitude for being born a US citizen with all the rights and freedoms that affords us.
I joined the service right out of HS because of that. I wanted to do my part to help support our unalienable rights.
Being denied my civil rights was the most egregious thing I have ever experienced. It cut me to the core and to have the police be the ones to do it just added insult to injury.
I vowed to myself that if I didn't stand up to it, who else would.... I'd fight it to the end no matter what. It was not about the money, I could have taken a similar settlement years ago. I wanted it in the books.
My hope is that this will be the first step of many in gaining back rights that have been abrogated from us. I wanted to make a difference, I wanted to have an effect.
Let's hope it does.

J

 

[JayR]

Update, sort of... Following my case, another case that was tied to mine continued. It did not have statute of limitation issues like mine.

I just got this note from my lawyer. They are taking this seizure issue to the SCOTUS!!!!

I'll quote my lawyer and attach a pdf of the case for your review. I googled it and didn't find any hits yet. So, sneak peak for you.

Jason,

I wanted to bring you up to date on Ed’s case. As you may recall, after Judge McConnell rendered the same decision on summary judgment in his case as yours, Ed agreed to stipulate to $1 in damages on his post-seizure due process claim so we could immediately proceed to appeal his claims that the original seizures of his guns and of him for a psychological evaluation were unconstitutional. Unfortunately, the First Circuit affirmed Judge McConnell but on Friday the United States Supreme Court agreed to hear Ed’s case. We are working with an attorney from Washington, D.C., named Shay Dvoretzky who has handled lots of cases before the Supreme Court. In case you are interesting in reading it, I attach the petition for writ of certiorari that Shay filed with the Supreme Court asking them to hear the case. We are hoping for the best.

This probably should be used to start another thread...

 

[JayR]

BTW, the case was heard 3 days ago....