Wednesday, May 20, 2015

Qualified Immunity Defense Rejected, Officer To Stand Trial For Illegal Arrest Of Gun Owner

Via avordvet

 Image result for Shawn Northrup walking dog with wife daughter open carry

If you’re out in public, minding your own business and breaking no law, you shouldn’t have to fear being arrested, handcuffed, and tossed into a squad car.

But if you are so treated, can you sue the officer for damages? That is the substance of an Ohio case recently decided by the Sixth Circuit, where a man had been arrested for legally carrying a gun. The court’s ruling in favor of the plaintiff is good news not just for gun owners, but all other Americans who might now be spared arrest, humiliation, or worse.

More @ Forbes

2 comments:

  1. This is without a doubt a "one of" event. Only this officer in this case has had qualified immunity withdrawn by a specific decision. Until the practice has been banned completely the abuses will continue. Less than one time in a thousand will you see a judge rule an officer to be personally liable in civil actions. It's a good thing but in the grand scheme it changes very little.....but can be quote as precedent in future lawsuits.

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    1. can be quote as precedent in future lawsuits.

      Absolutely.

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