Dan Caulkins’ attorney Jerry Stocks is hitting back at the Illinois State Police claim that a court ruling striking down a law as unconstitutional is somehow not applicable to the entire state.
Todd Vandermyde over at Freedom’s Steel on YouTube indicated that the Illinois State Police took action against one gun shop who began selling guns after the final judgement came down in the Macon County case.
Caulkins, through his attorney Jerry Stocks in Decatur, has hit back.
Today, Dan Caulkins, a plaintiff in the lawsuit challenging the constitutionality of the Protect Illinois Communities Act, issued the following statement:
“Illinois State Police Director Brendan Kelly is a lawyer and former States Attorney for St. Clair County. He certainly knows this law, Protect Illinois Communities Act (Public Act 102-1116), has been ruled facially unconstitutional. Rather than doing the right and honorable thing – obeying the ruling of Judge Forbes, Macon County Order 2023-CH-3, until the Illinois Supreme Court rules on the appeal – he is allowing the Pritzker administration to weaponize his agency against the law abiding citizens of our state.
Any business or individual who is subjected to the enforcement of this unconstitutional law must immediately contact their attorney to investigate taking legal action against the Director and any sworn officer involved.”
Caulkins, through his attorney, sure seems to be saying, “Hey, Brendan. Make our day. We’ll be coming after you PERSONALLY for a Section 1983 violation if anyone is subject to enforcement of a law ruled facially unconstitutional. Ditto for individual officers or agents of the ISP (like those contract employees who do the gun dealer licensing inspections).
Especially the dealer license inspectors, that $25 an hour isn’t looking so good if you get whacked with a six-figure claim for a 1983 violation. And if you lose your qualified immunity, you’re on the hook for that from your personal assets…
What are 1983 violations?
“Section 1983 Litigation” refers to lawsuits brought under Section 1983 (Civil action for deprivation of rights) of Title 42 of the United States Code (42 U.S.C. § 1983). Section 1983 provides an individual the right to sue state government employees and others acting “under color of state law” for civil rights violations. Section 1983 does not provide civil rights; it is a means to enforce civil rights that already exist.
Deprivation of civil rights under the color of authority.
It’s gettin’ good.
My popcorn is popped and ready for consumption!