IANAL but if the state agreed that there was some stifling of the 1A they would be writing checks instead of dismissal motions. SOP
Patriot Picket Civil Rights Suit FILED!
- Thread starter Rack&Roll
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- Nov 14, 2010
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Nah ... INAL either, but a motion to dismiss is a cheap way to avoid discovery.
i kind'a doubt that they've seen the raw video, because if they had they would be cutting a check. And, if the plaintiff's legal team gets to the discovery phase, the person or persons giving the orders will be exposed.
We can only hope! We need to expose these puppet masters for who they are. The videos will blow their “excuses” out of the water. And to say that Pope was giving verbal approval to demonstrate at a documented located that requires a permit? Where is that authority written. How many others have been arrested before or after this “incident? Only the grandmothers that were actually blocking access to the entrance of the building! Can’t wait for the next phase. Go get them guys! We’re still here with checkbooks in hand if needed.
Motion to Dismiss dated April 9th. How long does a decision on such a request normally take?
CrabcakesAndFootball
Active Member
- Jun 14, 2017
- 697
Between 3 and 5 months from the date filed is a good benchmark in my experience.
Ordinarily, a defendant's delaying tactics are used to induce a desperate plaintiff (one who can't afford his lawyers or needs the money) to settle the case quickly.
I am THRILLED that our steadfast plaintiff/patriots are not looking for quick money, but instead eagerly look forward to discovery and even trial laying bare all of the facts that may be uncovered.
I am THRILLED that our steadfast plaintiff/patriots are not looking for quick money, but instead eagerly look forward to discovery and even trial laying bare all of the facts that may be uncovered.
Five months would put the decision in September - close to the Primaries. Hmmm...
jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
The plaintiffs get to respond to the motion to dismiss, then the judge decides. The plaintiffs requested an extension to May 8th so the judge will decide two weeks after that.
- Feb 19, 2013
- 18,751
PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS
AND CONDITIONAL REQUEST FOR A HEARING
AND CONDITIONAL REQUEST FOR A HEARING
After reading Hansels' brief. I beg to wonder if the system would be easier if motions were just check boxes with room for One or Two cited cases in a fill in the blank sentence.
Sent from the 3rd Rock
Sent from the 3rd Rock
Blacksmith101
Grumpy Old Man
- Jun 22, 2012
- 22,269
Reading that is a real legal education. No wonder the politicians in Annapolis want this one to just go away.
Think they have enough “case law” cited to back them up? Better to have more than you need than to go digging later. Shows seriousness and preparedness.
Very interesting and educational document. If I were a defendant in this case I would be very concerned - and this is after just reading the opposition to dismissal.
delaware_export
Ultimate Member
- Apr 10, 2018
- 3,210
i was surfing an article linked off the gun feed today and came up with something similar to this.
well, an open carry case, but related in that police did the wrong thing, then got vindictive after the guy went public. john q had the charges dropped, and then filed a suit.
if you guys do get a judgement, i understand you don't want to profit, but go as big as you can. (even if it's not your reason for the case, .gov only learns when the cost is high)
here is the link. out of phillyPa. from about 6-7 years ago.
if you followup on the subsequent case, he was awarded 25k.
recently, there was a story about seeing a guy oc'ing an ar near philly, WHICH IS PERFECTLY LEGAL, and the police were a little more careful. a little later, they did drum up a psych eval case. but the first police wasn't over the top.
good luck to you guys on the suit.
http://www.philly.com/philly/hp/new...l_gun_was_also_armed_with_audio_recorder.html
well, an open carry case, but related in that police did the wrong thing, then got vindictive after the guy went public. john q had the charges dropped, and then filed a suit.
if you guys do get a judgement, i understand you don't want to profit, but go as big as you can. (even if it's not your reason for the case, .gov only learns when the cost is high)
here is the link. out of phillyPa. from about 6-7 years ago.
if you followup on the subsequent case, he was awarded 25k.
recently, there was a story about seeing a guy oc'ing an ar near philly, WHICH IS PERFECTLY LEGAL, and the police were a little more careful. a little later, they did drum up a psych eval case. but the first police wasn't over the top.
good luck to you guys on the suit.
http://www.philly.com/philly/hp/new...l_gun_was_also_armed_with_audio_recorder.html
25k. Is chump change.
This is a major 1A case. Think 100k and higher.
Sent from the 3rd Rock
This is a major 1A case. Think 100k and higher.
Sent from the 3rd Rock
Anybody know when Rack is getting out of “timeout”? Sure miss his input and words of wisdom.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Thanks. Everyone worked hard on that document. I think it is rather compelling. But, then, I would.
mxrider
Former MSI Treasurer
That brings us to today......
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