Well, the defendants didn't appeal....

[JayR]

Jury Awards N Smithfield Resident $20K in Damages for Unlawful 6-Year Seizure of Weapons by Police | News | The American Civil Liberties Union of Rhode Island

They had until yesterday to appeal the jury award and did not according to my attorney.

So, I guess the "check's in the mail" or it'll be accruing interest.

I'm amazed at how long these things take to wind their way through the system. When they say the wheels of justice turn slowly, they aren't kidding!

A little poetic justice is in the works. For all the crap I went through with this, I thought it apropos, I use some of the money to replace the aging cesspool here and install a proper septic system.

I wonder how long before I see a check n the mail. The jury made the award on July 10th....

 

[Deleted member 12999]

I think the proper response is to get an assault weapon cerakoted with pd logo and a troll face.

 

[mibro]

I wonder how long before I see a check n the mail. The jury made the award on July 10th....

I'll take 18 months. January 10th, 2021.

 

[radioman]

I use some of the money to replace the aging cesspool

Some of the money?
I thought new septic systems were about 20k?

 

[allen-1]

And this is a lovely example of why ERPOs are a horrible idea.

 

[M1911]

Good luck. Talk to your attorney about how to get the money out of the town. I hope they cough it up quickly and easily.

 

[appraiser]

find out who their insurance carrier is and hand deliver a copy of the judgement.

 

[fencer]

Congrats JayR !!!!

This is simply OUTSTANDING ! I applaud your conviction and tenacity to see it through, and like you, I hope this judgement prevents the department from ignoring a citizens Constitution rights. However, because the Chief of Police has no personal interest at stake, I suspect my hope is without merit.
If the police had some skin in the game, I am betting they would have made a quick call to the towns attorney who would have advised them to return your property.

Congrats again... It must have been a great feeling.

 

[greencobra]

nice, good for you!

If the police had some skin in the game, I am betting they would have made a quick call to the towns attorney who would have advised them to return your property.

how many times will the town shells out these cash awards before they look for a new chief. i'd bet he's been spoken to already.

 

[Deleted member 12999]

I would also get all of your returned guns engraved 'Law Enforcement Approved'

 

[VetteGirlMA]

Congrats, enjoy spending your money! What an interesting story on the ACLU website. I'm surprised they got involved considering it was a gun case.

 

[HorizontalHunter]

Congratulations on finally prevailing and getting your property back. It’s a damn shame that they put you through that to get them back.

Nothing better than vindication.

Bob

 

[fencer]

nice, good for you!

how many times will the town shells out these cash awards before they look for a new chief. i'd bet he's been spoken to already.

I would like to think so, but I am not so sure. The anti's are so obsessed with confiscation that some probably think it was worth the 20k to harass a gun owner

 

[Tinkermatic]

I’ll drink to that. Long hard battle to fight for all of our rights. I’m sure I’m not alone in extending my gratitude to you for your perseverance. Cheers!

 

[greencobra]

I would like to think so, but I am not so sure. The anti's are so obsessed with confiscation that some probably think it was worth the 20k to harass a gun owner

you may be right, lol

 

[TJRaccoon]

JayR regrets for all the grief and aggravation to address this issue. I can hope it sends a message to PD about our constitutional rights.

A well deserved tip of cap for seeing this thru. Spend that money well.

 

[HorizontalHunter]

I can hope it sends a message to PD about our constitutional rights.

AND property rights.

They get so hung up on it being a gun that they forget that it is someone’s property that they may have spent tens of thousands of dollars on.

Bob

 

[Rob Boudrie]

So, I guess the "check's in the mail" or it'll be accruing interest

Your damages were incurred when the guns were illegally taken. Interest accrues from that date (or maybe from the date you filed - not certain which). Ask you attorney to explain this.

 

[TJRaccoon]

AND property rights.

Yes you are correct I was calling out 4th and 5th amendment rights.

Amendment 4 Annotations
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

Amendment 5 Annotations
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

[SKumar]

I'll bet he's missing a ton a stuff from magazines, ammo, and other accessories.

edit: I'm a moron

 

[Matt_SERE]

I'll bet he's missing a ton a stuff from magazines, ammo, and other accessories.

"He" is the OP. We are getting it from the horses mouth.

Congratulations Jay.

 

[JayR]

Some of the money?
I thought new septic systems were about 20k?

I'm fortunate in that the soil here is as good as it gets. It is what they term "Ice Contact". I'm getting to install the cheapest system possible.
My property lies where the glacier stopped and melted leaving the best possible prec material there is. The installer told me that when I dig the foundation for my next shop building he'll buy the material and it will more than pay for the concrete for the foundation...

 

[JayR]

This police department was all proud a few years ago about being Accredited
See here: North Smithfield Police Department gets state accreditation

I was in their lobby recently. There accreditation lapsed over a year ago in June...

They are accredited by the RI Police Chiefs Association. RIPCA
I plan on being a PIA and attending all public hearing for such accreditations in each municipality seeking such and asking what they are doing to address the unconstitutional policies or lack thereof to address the finding of the Federal Judge in my case.

I also plan on making noise in all towns and municipalities covered by the same insurance company to let everyone who has their guns being held illegally for "safe keeping" that precedent has been set and that they can demand their guns back and sue if they don't get them.

I didn't get the injunctive relief I sought. Perhaps I can get the insurance company to demand it due to the liability they are facing

 

[JayR]

Your damages were incurred when the guns were illegally taken. Interest accrues from that date (or maybe from the date you filed - not certain which). Ask you attorney to explain this.

Jury determined I was not due interest....
Win some, lose some....

 

[slap shot]

.

 

[Len-2A Training]

Good luck. Talk to your attorney about how to get the money out of the town. I hope they cough it up quickly and easily.

I hope so, but if the town itself is paying (i.e. if the insurance company isn't paying), they may have to go to the town meeting (or other method where expenditures are approved) to get "permission" to pay, that could take a long time.

find out who their insurance carrier is and hand deliver a copy of the judgement.

Usually out of state companies and their client is the only one they listen to, the judgement isn't against the insurance company it is against the town.

Jury determined I was not due interest....
Win some, lose some....

That sucks.

Good luck getting restitution.

 

[Uzi2]

Jury determined I was not due interest....
Win some, lose some....

The jury is wrong.

 

[Rob Boudrie]

When Comm2A negotiated payment of our legal fees with the AG (we had a strong 42 USC 1983 claim), the settlement agreement we accepted stated the bill (about $20K each time) would be submitted to the state finance dept for payment, but the AG could not assure any particular schedule of payment beyond submitting the bill and authorizing the funds.

We were paid within a commercially reasonable period of time, and the AGs office was totally professional throughout the entire process.

 

[JayR]

Got the check on Thursday and deposited it immediately doing it through mobile banking. That way I got to keep the check. It cleared quickly too.

I'm framing this sucker and putting it on the wall with the judgment along side a 56 lb striper and a 200 pound whitetailed deer in my workshop.

I still have another case to settle too... Keep me in your thoughts.

http://www.riaclu.org/news/print/ac...-for-placing-resident-in-danger-by-falsely-la

 

[Deleted member 67409]

Got the check on Thursday and deposited it immediately doing it through mobile banking. That way I got to keep the check. It cleared quickly too.

I'm framing this sucker and putting it on the wall with the judgment along side a 56 lb striper and a 200 pound whitetailed deer in my workshop.

I still have another case to settle too... Keep me in your thoughts.

http://www.riaclu.org/news/print/ac...-for-placing-resident-in-danger-by-falsely-la

Congratulations!