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Open carry arrest in Ohio nets $3.6M lawsuit

May 13, 2013

 

… that’s gonna leave a mark.

Cliff’s Notes:  Guy open carries at zero-dark-thirty to a stop and rob.  Someone notices and calls five-oh.

The po-po roll up like it’s a sighting of one of the islamic terrorist bombers from Boston and cuff and stuff the open carrier.

Mr. Open Carry refuses to provide ID, and is under no obligation to do so.

(Having said that, just because you’re legally able to do something – such as open carry at 4:30 in the morning in a not-so-nice part of town and then decline to provide ID to cops querying you – doesn’t mean it’s the BEST course action…)

Cops act like certifiable jackwagons and they are getting their butts sued.

I got a feeling this guy isn’t going away for $50k.

Here’s the video of the stop:

And here’s the coverage in the local paper.

Man sues Riverside in open carry handgun case

DAYTON (Dayton Daily News) —  While openly carrying his Springfield XDM .40-caliber handgun, Tipp City resident Roy Call walked into a Riverside Speedway store at 4:30 a.m. Aug. 12, 2012 to buy a sports drink.

That’s when — as claimed in a lawsuit against the city of Riverside, its mayor and two police officers — Call said he was illegally detained and briefly had his gun confiscated. Call is seeking compensatory and punitive damages of $3.6 million in a lawsuit field in the United States District Court/Southern District of Ohio in Dayton.

But Riverside police Chief Mark Reiss said his officers acted correctly and all Call had to do was cooperate.

“Had he been truthful with the police and simply provided his identification so that they could have quickly ran it, that encounter would have been over very quickly, within a minute or two,” Reiss said.

Open carrying a firearm without a license in Ohio is legal in most circumstances…

…Call was charged with obstruction of justice, but Riverside city manager Bryan Chodkowski said that charge was dropped Oct. 2.

“Based on the totality of the circumstances, we recognized that it was probably a viable charge at the time,” Chodkowski said. “But recognizing what it meant in the grand scheme of things, it wasn’t a charge that we felt was worth pursuing.”

…Call had his gun taken from him, was handcuffed and placed in the back of a cruiser while Jones and Riverside police officer Matthew Jackson found Call’s ID and searched to see if he was under any disability. Call’s lawsuit also said he had a recording device which Jones found and turned off and that officers “falsely reported that Call had a history of initiating confrontations with police officers and recording the incidents.”

…The suit asks for $600,000 for compensatory damages for “emotional trauma” and other factors and for $3 million in punitive damages for the “willful, callous and malicious conduct” of the defendants. Call’s attorney, Charles E. McFarland of New Castle, Ky., said: “I normally do not comment on ongoing cases to the media, but believe that the complaint speaks for itself.”

 

4 Responses to Open carry arrest in Ohio nets $3.6M lawsuit

  1. Jakebob on May 14, 2013 at 10:59 am

    when stupid cops meet overly stubborn people….

  2. Ashrak on May 14, 2013 at 3:17 pm

    LEO tried this intimidation in Wisconsin too. And yup, they knew it was such a losing proposition that they settled without a court fight.

    I’ve been referred to as stubborn, among many other things, and I support this fellas actions 100 percent. Cops have got to be TAUGHT a lesson, that We The People are not their subjects to treat how they please. They have laws to follow as well, just like we do. As we FACE PUNISHMENTS when we act outside the law, so too must they!

    Standing your ground and exercising your rights IS the best way to protect and defend them. Cops don’t have to like it, but they do have to accept it. I look forward to interactions with LEO in about 4 weeks. Hopefully they will act like mature, knowledgeable, LAW ABIDING people. If they CHOOOOOOOOSE not to, well, they can face the same reaction from me as demonstrated here. Ill exercise my rights, plural, and if they violate them, they will have to answer for it. When more people decide to do so, LEO will get the point quickly and soundly – making us ALL better off and more FREE.

  3. screwtech02 on May 14, 2013 at 6:48 pm

    Just think of what it’s going to be like here in IL in 3 weeks…. IJS..

  4. Joe on May 28, 2013 at 10:27 pm

    interesting that the chief says, All he had to do was be truthful. LOL, Chief…I know in law enforcement training they teach you all to bank on the fact that citizens will give up information when scared. I also know it really chaps LEO’s hides when the public is not duly intimidated by cops. Really ticks ya’ll off in fact. However, under the law of ohio he had committed no crime. Therefore he was not obstructing justice by not cooperating merely excersizing his constitutional rights. He never lied to the police, he was not untruthful, he just didn’t give them what they wanted. Which, under ohio revised code and U.S. civil code…he didn’t have to.

    Ya’ll may not like us having guns, guess what, we do. Ya’ll may not like us exercising our rights but guess what, we are going to. And, until you learn that a person excersizing his constitutional rights is NOT valid grounds for suspicion of anything, your gonna keep paying out huge sums to those of us you mess with.

    This kid is gonna get paid, but I promise you Riverside police will not change their tactics because they truly do not care about peoples civil rights. Now…the city manager might care about it when looking at the Chiefs position…but the cops could care less.