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Comm2A files suit against Rehoboth...
- Thread starter Comm2A
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If anything, exposing them in the papers before the legal fee issue has run its full course could give incentive to fight the fees so as not to look negligent. Just let the system run its course, then squawk all you want.
The federal courts do not care about the defendants credibility in the court of public opinion. This is a question of law and procedure, not a public relations debate.
What happens if you get everyone to write the local papers and rattle cages and you find out that most of the people in town support the CLEO and his feet dragging for licenses? All those people call the town gov to show support and that causes the exact opposite of what you're trying to do....
LMAO. Extremely naive, you are. How do you think these shitbirds got their jobs, btw? By accident?
![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
They get voted in by the people you're talking about. There are exceptions, but most of the bad cleos basically have HATES GUN OWNERS stamped on their forehead. -Mike
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LMAO. Extremely naive, you are. How do you think these shitbirds got their jobs, btw? By accident?
I thought it went without saying that you need to have your ducks in a row first.
SalemCat
Banned
For those of you who buy on Amazon, don't forget to GO HERE FIRST:
http://www.amazon.com/?_encoding=UTF8&camp=1789&creative=390957&linkCode=ur2&tag=com0d0-20
It's a Link so that a small amount of anything you buy on Amazon goes to Comm2A as a donation. Costs you nothing and does some good - What's Not to Like ??
You can also access the Link very easily by Googling "Comm2A Amazon"
http://www.amazon.com/?_encoding=UTF8&camp=1789&creative=390957&linkCode=ur2&tag=com0d0-20
It's a Link so that a small amount of anything you buy on Amazon goes to Comm2A as a donation. Costs you nothing and does some good - What's Not to Like ??
You can also access the Link very easily by Googling "Comm2A Amazon"
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I use amazon.comm2a.org. when I type amazon into by browser, that comes up.
MachineHead
NES Member
Sweet! Since this happened in federal court, can #3 of the Order be used to establish case law (if it isn't already)?
Item #1 is the important part of this. The award in #3 is not punitive. It's a negotiated payment en lieu of 1983 recovery of legal fees.
What were the details of the case that make it important for future decisions, if any?
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The main detail is we now have two cases that establish that an out of state conviction for simple marijuana possession if not a bar to obtaining an LTC.
If the FRB continues to take the position that these two decisions apply only to the plaintiffs in these cases, Comm2A is prepared to file additional cases, and when we win, collect legal fees from the state. As more "wins" on this issue pile up, it will become increasingly difficult for a federal district court judge to fail to rule in favor of us on this issue.
(Yikes, I commented on the wrong case)
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In this case the PD was giving LTC applicants appointment dates that were more than a year out. We actually identified eight individuals in this situation, but only one was willing to become a plaintiffs. Someone snitched on us to the PD and started covering their tracks.
In this case, the RPD has been enjoined from unduly delaying the plaintiff's application submission. While it is not directly binding on other police departments and applicants, it serves as an instructive warning to others. Plus it's nice to recover at least some of the cost of bringing this suit.
Too bad the amount Comm2A received from this case is chump change. I have to wonder why you settled for so little coin. I can't imagine that it covered much of your legal costs.
JayMcB
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They asked for 5400, they got 3500.
I suspect (hope) that the monies will go into the fund to further the cause.
No, see post #75.
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There is risk to everything, and we took a practical approach which gave the defendant a light spanking.
The alternative was to risk the defendant filing a motion to set aside the default judgement, and once that was done, filing a motion to dismiss the case as moot because they would have (by then) issued the plaintiff an LTC.
Theoretically, such a case would not be dismissed as moot because the issue had been brought before the court and were were entitled to a decision. But, only only need look at what happened to the Boston "passport is not proof of citizenship" case. Boston folded on the policy and started accepting passports. We filed for 1983 legal fees and then attempted to negotiate with Boston on a reasonable compromise. Boston refused, and filed a MTD (motion to dismiss). We filed a counter motion explaining why their change in policy was not binding, and why the plaintiff was entitled to fee recovery. The judge dismissed the case as moot terminating any chance of fee recovery.
Comm2A has recovered legal fees in several cases. In each case, the recovery was the result of a negotiation with opposing counsel who settled for an amount that represented the majority of what we were seeking. We will continue to seek legal fees under those cases where 42 USC 1983 is applicable.
The alternative was to risk the defendant filing a motion to set aside the default judgement, and once that was done, filing a motion to dismiss the case as moot because they would have (by then) issued the plaintiff an LTC.
Theoretically, such a case would not be dismissed as moot because the issue had been brought before the court and were were entitled to a decision. But, only only need look at what happened to the Boston "passport is not proof of citizenship" case. Boston folded on the policy and started accepting passports. We filed for 1983 legal fees and then attempted to negotiate with Boston on a reasonable compromise. Boston refused, and filed a MTD (motion to dismiss). We filed a counter motion explaining why their change in policy was not binding, and why the plaintiff was entitled to fee recovery. The judge dismissed the case as moot terminating any chance of fee recovery.
Comm2A has recovered legal fees in several cases. In each case, the recovery was the result of a negotiation with opposing counsel who settled for an amount that represented the majority of what we were seeking. We will continue to seek legal fees under those cases where 42 USC 1983 is applicable.
Rehoboth Dave
NES Member
I got to check this forum out more often, I just found this thread and I had no idea any of this was going on.
No big problems for me getting my LTC from the Rehoboth PD. I think it took all and all about 50-60 days from interview to getting the card. Then again I don't have a criminal record. From what my neighbors tell me Trompetta has never been the type to cut anyone any slack.
But don't feel bad that you only got $3500. Our town is pretty much broke and even that small amount will hurt us. We might have to pay in used office furniture.
No big problems for me getting my LTC from the Rehoboth PD. I think it took all and all about 50-60 days from interview to getting the card. Then again I don't have a criminal record. From what my neighbors tell me Trompetta has never been the type to cut anyone any slack.
But don't feel bad that you only got $3500. Our town is pretty much broke and even that small amount will hurt us. We might have to pay in used office furniture.
Great, thanks for the explanation. Keep up the awesome work!
sig shooter
NES Member
Maybe Rehoboth should fix the problem with the chief not doing his/her job if they don't want to dish out legal money. I have no sympathy for people and/or institutions that systemically violate rights.
Rehoboth Dave
NES Member
Who asked you and why should i care what you have no sympathy for?
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