This is Another Reason to End Qualified Immunity

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Aku

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After reading the story, I don't believe there is a settlement. The City still has to go into executive session to decide whether to pay the money or not, and whether to place any judgment on the tax rolls.
 

sanjuro893

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Don Spencer w OK2A has been threatened with arrest and asked to leave a public space hosted for a private event numerous times for lawfully carrying his firearm, even showed the officers the law saying he CAN go in heeled and STILL they threatened him with obstruction, etc, etc. Where's his paycheck???
 

bigfug

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She was charged with "obstruction" (a common charge for officers to use whenever subjects don't comply as they ought). Detained.

Charges were dropped.

So exactly how would you "fight" it?

She should have been charged or detained with trespass. If she refused to leave or comply when trespassed she could or should have been charged with obstruction. Disorderly or public nuisance wouldnt apply since she wasn't in public from what I can tell. Had the charges and detainment been done correctly, it would have been easy to fight her lawsuit. I didnt see the part about obstruction charges, but that changes things. Like I said, details matter.
 

TedKennedy

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Don Spencer w OK2A has been threatened with arrest and asked to leave a public space hosted for a private event numerous times for lawfully carrying his firearm, even showed the officers the law saying he CAN go in heeled and STILL they threatened him with obstruction, etc, etc. Where's his paycheck???
I suspect if Don Spencer had been detained in the same manner, everyone on OKshooters would support him 100%.

That's why it's important to defend the other side on principle - if it's a situation we wouldn't want to find ourselves in.
 

JD8

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Don Spencer w OK2A has been threatened with arrest and asked to leave a public space hosted for a private event numerous times for lawfully carrying his firearm, even showed the officers the law saying he CAN go in heeled and STILL they threatened him with obstruction, etc, etc. Where's his paycheck???

Did he file a lawsuit?
 

sanjuro893

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Kind of hard to get a "paycheck" if you don't follow through with getting arrested and then file a lawsuit....
Yeah, I kinda wish he'd "take one for the team" cuz that was the 2nd year oin a row they wouldnt let him in. Everybody would pass around the hat and have his bail posted and money for a lawyer in an hour. But cant you still file a lawsuit for being denied entry?
 

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