Cleveland Police arrest guy for shotgun in his hand

Open Carry is carrying a firearm unconcealed in Ohio. OC does not require a concealed handgun license, but the practice requires intimate knowledge of the law since there are places and situations where OC is prohibited but carrying concealed would be permitted. OC is also likely to attract attention. This forum is for discussion of OC, not for debating the pro's and con's or coordinating any type of protest events.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

User avatar
BB62
Posts: 2615
Joined: Thu Jul 07, 2005 12:57 pm
Location: Cincinnati, OH

Re: Cleveland Police arrest guy for shotgun in his hand

Post by BB62 »

Bearable wrote: Wed Mar 15, 2023 7:16 pm I made a whoops. I referred to the party twice as not signing the settlement as the defendant. Whoops - he is the plaintiff.
Thanks for the update.

Wow. Usually only the government is allowed to scr@w around - without effective consequence.

I sure hope the plaintiff has good reasons for delaying signing what appeared to be a mutual agreement.
Yes, I do believe in open carry. An openly armed man is clear in his intentions. Concealed carriers are sneaks and skulkers and elitist, boot licking, political contribution making, running dog lackies of The Man. <wink> (thx grumpycoconut - OpenCarry.org)

Got Freedom?

Accountant, Computer & Management Consultant
Scuba Diver, NRA Life Member, NRA Instructor
M-Quigley
Posts: 4921
Joined: Wed Jun 24, 2015 10:06 pm
Location: Western Ohio

Re: Cleveland Police arrest guy for shotgun in his hand

Post by M-Quigley »

Is it possible this might be the reason?
each party to pay its own costs
If I had to sue over over a wrongful arrest, I sure as heck wouldn't want to have to pay my attorney costs.
docachna
Posts: 2175
Joined: Sun Mar 15, 2009 9:26 am
Location: Mount Juliet TN

Re: Cleveland Police arrest guy for shotgun in his hand

Post by docachna »

Is it possible this might be the reason?

each party to pay its own costs

If I had to sue over over a wrongful arrest, I sure as heck wouldn't want to have to pay my attorney costs.


(Won't let me reply directly to the above post....)

Chances are the term "costs" refers to court costs, including filing fees, etc. If attorney fees weren't mentioned in the entry or the settlement document, then likely plaintiff paid his own attorney fees.
ΜΟΛΩΝ ΛΑΒE
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5847
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Cleveland Police arrest guy for shotgun in his hand

Post by JustaShooter »

docachna wrote: Sun Mar 19, 2023 1:19 pm (Won't let me reply directly to the above post....)
You would use the button with a double-quote symbol on it at the upper-right of the post you want to reply to, to quote and reply to a post.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
docachna
Posts: 2175
Joined: Sun Mar 15, 2009 9:26 am
Location: Mount Juliet TN

Re: Cleveland Police arrest guy for shotgun in his hand

Post by docachna »

JustaShooter wrote: Sun Mar 19, 2023 3:43 pm
docachna wrote: Sun Mar 19, 2023 1:19 pm (Won't let me reply directly to the above post....)
You would use the button with a double-quote symbol on it at the upper-right of the post you want to reply to, to quote and reply to a post.
Got it now ! Thanks.
ΜΟΛΩΝ ΛΑΒE
Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Re: Cleveland Police arrest guy for shotgun in his hand

Post by Bearable »

A hearing took place last Friday. There are issues the Plaintiff objects to. But the judge did not place a time frame to resolve the disputes. The attorney for the city optimistically believes they are close. He wants me to check back with him next week. The city attorney also said he would call me if the agreement is signed sooner. I won't hold my breath.
User avatar
pirateguy191
Posts: 11020
Joined: Sat Feb 14, 2009 12:06 pm
Location: 44146

Re: Cleveland Police arrest guy for shotgun in his hand

Post by pirateguy191 »

Cleveland settles lawsuit for $85,000 with activist who was wrongfully arrested while openly carrying shotgun
Updated: Apr. 03, 2023, 11:08 a.m.|Published: Apr. 03, 2023, 11:02 a.m.
I won't post the link because it's for paid subscribers of Cleveland dot com. Y'all can find it.
"In this present crisis, government is not the solution to our problem; government is the problem." - Ronald Reagan

"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh

NRA member, NRA basic pistol instructor, DBACB
Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Re: Cleveland Police arrest guy for shotgun in his hand

Post by Bearable »

pirateguy191 wrote: Mon Apr 03, 2023 10:41 am
Cleveland settles lawsuit for $85,000 with activist who was wrongfully arrested while openly carrying shotgun
Updated: Apr. 03, 2023, 11:08 a.m.|Published: Apr. 03, 2023, 11:02 a.m.
I won't post the link because it's for paid subscribers of Cleveland dot com. Y'all can find it.
This should be a link to the whole story.
https://www.cleveland.com/court-justice ... utType=amp

I'm waiting for the actual agreement. When I get it I will post.
docachna
Posts: 2175
Joined: Sun Mar 15, 2009 9:26 am
Location: Mount Juliet TN

Re: Cleveland Police arrest guy for shotgun in his hand

Post by docachna »

Hope his release left the door open for a 1983 suit. I'm not much of a fan of them, but it seems clear in this case why he was arrested.
ΜΟΛΩΝ ΛΑΒE
Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Re: Cleveland Police arrest guy for shotgun in his hand

Post by Bearable »

docachna wrote: Mon Apr 03, 2023 2:01 pm Hope his release left the door open for a 1983 suit. I'm not much of a fan of them, but it seems clear in this case why he was arrested.
This is a settlement from a 1983 lawsuit.
docachna
Posts: 2175
Joined: Sun Mar 15, 2009 9:26 am
Location: Mount Juliet TN

Re: Cleveland Police arrest guy for shotgun in his hand

Post by docachna »

Bearable wrote: Mon Apr 03, 2023 2:17 pm
docachna wrote: Mon Apr 03, 2023 2:01 pm Hope his release left the door open for a 1983 suit. I'm not much of a fan of them, but it seems clear in this case why he was arrested.
This is a settlement from a 1983 lawsuit.
I never read it, so my bad. Highly discounted cost-of-defense settlement.
ΜΟΛΩΝ ΛΑΒE
Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Re: Cleveland Police arrest guy for shotgun in his hand

Post by Bearable »

Well, here you go. The attached agreement. Antoine Tolbert got $55 grand for his trouble. The police admit to no wrongdoing. No requirement to train officers, nothing.
Post Reply