Comm2A files suit against Rehoboth...

W.E.C

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Any ruling for summary judgement yet? Or are they trying to twist things to give the town a chance to fight it now?
THIS is why I was saying it is time to EXPOSE THEM IN THE PAPERS, so they lose credibility and any leg to stand on.
 

Rob Boudrie

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THIS is why I was saying it is time to EXPOSE THEM IN THE PAPERS, so they lose credibility and any leg to stand on.
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.
 
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I disagree. If they have no backing from the Selectmen and other management, they will not move forward.
 
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I disagree. If they have no backing from the Selectmen and other management, they will not move forward.
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....
 

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I disagree. If they have no backing from the Selectmen and other management, they will not move forward.

LMAO. Extremely naive, you are. How do you think these shitbirds got their jobs, btw? By accident? [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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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] 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.
I thought it went without saying that you need to have your ducks in a row first.
 

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Rob Boudrie

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What were the details of the case that make it important for future decisions, if any?
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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What were the details of the case that make it important for future decisions, if any?
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.
 

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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.
 
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If I read it correctly the 3500 was in addition to attorney's fees. I'm not sure if that is the same as legal fees, but I would think that would include billable hours and the like.
 

Rob Boudrie

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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.
 

Rehoboth Dave

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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.
 
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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.
Great, thanks for the explanation. Keep up the awesome work!
 

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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.
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.
 
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