… 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.”

 

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