Open Carry Ruled insufficient reason for stop

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bignflnut
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Open Carry Ruled insufficient reason for stop

Post by bignflnut »

In 2011, on November 2nd, The Lincoln City Police Department received a call about a young man displaying a firearm in an Astro van outside of a convenience store. The call lead to the felony stop of an Astro van about 4 hours later. In the van was 58-year-old black pastor who was a double amputee. The officers forced the pastor, Leroy Duffie, to exit the van with his hands held up, after he had told them that he could not do so because of his disability. At gunpoint, Duffie opened his door, and twisted his body in an attempt to comply. He then fell face forward to the pavement, suffering significant injuries including loss of two teeth and a torn rotator cup.

Duffie sued the police department for depriving him of his constitutional rights, of using excessive force, searching his van without his consent, and placing him in danger of physical harm without due process.

The trial court granted qualified immunity to the officers and granted summary judgment against Duffie on all counts. Duffie appealed to the Eight Circuit.

The Eighth Circuit, on 23 August, 2016 reversed the trial court decision, finding that police did not have reasonable suspicion to stop Duffie, because the open carry of handguns is legal under the law in Nebraska. The Court referred to open carry as a right. On March 30th, 2017, Duffie and the City of Lincoln reached a settlement, with Duffie receiving $160,000.
What's a "rotator cup"?
Who is the #Hero in this story?
How good looking is this 58- year old that he is described as "young"?
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Re: Open Carry Ruled insufficient reason for stop

Post by BEAR! »

bignflnut wrote:
In 2011, on November 2nd, The Lincoln City Police Department received a call about a young man displaying a firearm in an Astro van outside of a convenience store. The call lead to the felony stop of an Astro van about 4 hours later. In the van was 58-year-old black pastor who was a double amputee. The officers forced the pastor, Leroy Duffie, to exit the van with his hands held up, after he had told them that he could not do so because of his disability. At gunpoint, Duffie opened his door, and twisted his body in an attempt to comply. He then fell face forward to the pavement, suffering significant injuries including loss of two teeth and a torn rotator cup.

Duffie sued the police department for depriving him of his constitutional rights, of using excessive force, searching his van without his consent, and placing him in danger of physical harm without due process.

The trial court granted qualified immunity to the officers and granted summary judgment against Duffie on all counts. Duffie appealed to the Eight Circuit.

The Eighth Circuit, on 23 August, 2016 reversed the trial court decision, finding that police did not have reasonable suspicion to stop Duffie, because the open carry of handguns is legal under the law in Nebraska. The Court referred to open carry as a right. On March 30th, 2017, Duffie and the City of Lincoln reached a settlement, with Duffie receiving $160,000.
What's a "rotator cup"?
Who is the #Hero in this story?
How good looking is this 58- year old that he is described as "young"?

That's how an idiot pronounces "rotator cuff".
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Re: Open Carry Ruled insufficient reason for stop

Post by JustaShooter »

Good for Nebraska and the rest of the states covered by the Eighth Circuit court of appeals! Since the Eighth Circuit doesn't include Ohio, it's a good thing that the Ohio supreme court has already ruled similarly (though I don't recall the case...)
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Re: Open Carry Ruled insufficient reason for stop

Post by schmieg »

BEAR! wrote:
bignflnut wrote:
In 2011, on November 2nd, The Lincoln City Police Department received a call about a young man displaying a firearm in an Astro van outside of a convenience store. The call lead to the felony stop of an Astro van about 4 hours later. In the van was 58-year-old black pastor who was a double amputee. The officers forced the pastor, Leroy Duffie, to exit the van with his hands held up, after he had told them that he could not do so because of his disability. At gunpoint, Duffie opened his door, and twisted his body in an attempt to comply. He then fell face forward to the pavement, suffering significant injuries including loss of two teeth and a torn rotator cup.

Duffie sued the police department for depriving him of his constitutional rights, of using excessive force, searching his van without his consent, and placing him in danger of physical harm without due process.

The trial court granted qualified immunity to the officers and granted summary judgment against Duffie on all counts. Duffie appealed to the Eight Circuit.

The Eighth Circuit, on 23 August, 2016 reversed the trial court decision, finding that police did not have reasonable suspicion to stop Duffie, because the open carry of handguns is legal under the law in Nebraska. The Court referred to open carry as a right. On March 30th, 2017, Duffie and the City of Lincoln reached a settlement, with Duffie receiving $160,000.
What's a "rotator cup"?
Who is the #Hero in this story?
How good looking is this 58- year old that he is described as "young"?

That's how an idiot pronounces "rotator cuff".
Either that or it's the male version of a Lady Gaga clothing item.
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