Patriot Picket Civil Rights Suit FILED!

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  • Deep Lurker

    Ultimate Member
    Patriot Picket
    Mar 22, 2019
    2,356
    :thumbsup:

    I'm honored to know all of you.
    It’s been and honor and a pleasure to know you too and stand with you in Annapolis and elsewhere!
    Brothers arrested outside Maryland State House take case to Supreme Court

    Here's the beginning of the story, for those who weren't around at the time:


    WTOP picked up the story from MD Matters


    Thanks all for posting your news media reports and MDS historical background updates to our lawsuit story in this thread.
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    I do remember when this did happen in Annap. I was not physically there but I sure read about it the next day here on MDS. I never had the honor of meeting Jeff in person but I did talk to him a couple of times on the phone and on Zello while he was at a meeting down in DC and I was here home switching between live Webcams letting him know what was going on. I bet Jeff is now watching over us here with that big grin of his ..
     

    Deep Lurker

    Ultimate Member
    Patriot Picket
    Mar 22, 2019
    2,356
    Oct 06 2023Petition for a writ of certiorari filed. (Response due November 13, 2023)

    Forgive my ignorance, but can you please translate the significance for the unwashed masses, such as myself.

    It means the paperwork to ask SCOTUS to take on an appeal of the case has been formally submitted, and the Government has until 13 November to provide SCOTUS with its paperwork where it explains why the Government is always right.

    This case may go a long way toward eliminating "qualified immunity" for the police, (and perhaps government officials to some degree?), enabling them to be personally sued for damages when violating someone's civil rights. Though that's already law, the extent to which it can be used as a defense may be addressed.

    Or at least that's my best guess. I don't do legal; all out of hairs to split.

    Basically… Brian T Pope and his attorney's--State of Maryland must respond.

    Thanks again to all here contributing answers and explanations for what we all can agree is a bewildering process.

    There are two blogposts available on the Patriot Picket website which also can assist in explaining where we are today.

    This first blogpost below announced our intention to file a cert petition in our case to the Supreme Court.

    Summarized is the Court’s cert process, background info about the Patriot Picket arrests in February 2018 (including the actual audio of one state police agency calling another state police agency to complain about our lawful demonstration, and pics and video of the actual arrest) as well as links to the Fourth Circuit oral argument and written decision dismissing our lawsuit claims in June 2023:


    This second blogpost provides a link to read our full cert petition:


    MSI is our co-plaintiff in this lawsuit and maintains a legal page on the MSI website with a narrative history of our case and links to the docket history:

     

    Deep Lurker

    Ultimate Member
    Patriot Picket
    Mar 22, 2019
    2,356
    The first amicus curiae (“friend of the court”) brief has been filed on our behalf in support of our petition for a writ of certiorari at the U.S. Supreme Court:


    It is authored by Clark Niely III, of the Cato Institute, no less. Mr Niely served as co-counsel in DC v. Heller:


    His brief is blunt and forthright, but a relatively easy and very interesting read, as far as legal briefs go.

    Speaking only for myself, I think this particular passage from the brief perfectly captures my frustration with the funhouse mirrors aspect of the Fourth Circuit panel’s ruling:

    “Qualified immunity affords federal courts the discretion to avoid deciding whether alleged misconduct even violated federal rights in the first place and to dispose of potentially meritorious claims solely on the ground that any possible violation was not ‘clearly established.’ Pearson v. Callahan, 555 U.S. 223, 236 (2009). The Pearson escape hatch creates a vicious cycle: violations must be clearly established for plaintiffs to survive qualified immunity, but qualified immunity itself stunts the development of the law and prevents rights from becoming clearly established.” (Page 15 of the amicus brief, page 24 of the .pdf file.)

    IMG_6393.jpeg
     

    Deep Lurker

    Ultimate Member
    Patriot Picket
    Mar 22, 2019
    2,356

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    So, is Maryland gonna through him under the bus? Or is the AG so sure of a win he isn't even going to contest the writ? Or is this SOP for writs?

    I'm wondering if Moore administration regards this as the previous administration screw-up and will throw all the state participants under the bus...
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,687
    Very surprising, not to say Incredible.

    MD rolling over on this one puts the current use of Qualified Immunity on the chopping block, where it belongs.

    You'd think that there would be pressure from other Thug States to respond, as well.

    Rather thrilling to have been a part of that incident, and to think it might go to the Supremes!

    Big thanks to former Lt. Governor Rutherford, for providing the spark.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,297
    Underground Bunker
    I am grateful for the transparency about this case being presented here at MDS. Although only a very small group seen this historic event unfold we all have a vested interest in our rights and the government that tries to impede on our rights.

    To Jeff and his brother Kevin we are proud of you guys as well as the members that bared witness to the over-reach. Hopefully a day of reckoning will take place.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,877
    So, is Maryland gonna through him under the bus? Or is the AG so sure of a win he isn't even going to contest the writ?

    I'm going with Both .

    They're sure they will "win" aka not get granted Cert . But in case they don't, Sgt Pope is getting flung under the bus .
     

    Ponder_MD

    Ultimate Member
    Mar 9, 2020
    4,554
    Maryland
    This happened before I became a forum member and before I began private firearms ownership in Maryland. I've read the entire thread over time, trying to understand what happened.

    I basically have only one question: If SCOTUS rules that 1st Amendment rights were violated by Trooper? SGT Pope, what redress can SCOTUS offer? Is it just confirmation that rights were violated and then a civil suit gets filed against Pope and the State of Maryland for damages?
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,687
    IANAL, but I believe the question of limits on Qualified Immunity may be addressed.

    If so, that might remove protection from officialdom for violation of civil rights, rendering said officials personally liable for damages for actions which violate our rights.

    At any rate, it's an honor for all seven of us who were in attendance, and those here who supported us, to be involved in a case before the Supreme Court. History can be influenced by the little guys! (And hopefully it will be).

    Jeff is smiling down on us, seated next to Rosa Parks.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,877
    IANAL, but I believe the question of limits on Qualified Immunity may be addressed.
    But Wait ! There's More !

    As the double whammy for gaining Cert , this case is dealing with Two issues ripe for SCOTUS attention.

    The above mentioned Qualified Immunity , AND the 1A Right to film On Duty LE conducting Official Actions , In Public . ( Which currently has splits , with no nationwide guidance. )
     

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