If you would like to be added or dropped from the Michigan ping list, please freepmail me.
Posted on 05/12/2009 1:42:52 PM PDT by marktwain
The Law Offices of Steven W. Dulan, PLC announces federal civil rights suit against City of Grand Haven and Ottawa County over open-carry ordinance.
The suit, brought under Title 42, Section 1983 of the U.S. Code, was filed on behalf of Christopher Fetters, an off-duty Air Force Security Officer who was attending the Coast Guard Festival in Grand Haven last year. Mr. Fetters was openly carrying a holstered pistol, which is legal under Michigan law, as in most states. He was arrested and detained and charged with a violation of a Grand Haven city ordinance prohibiting open carry of firearms. His gun was initially seized, although it was later returned.
Michigan law prohibits local units of government from making any law with respect to firearms, (MCL 123.1102.) The public policy goal of the statute is to provide a uniform system of gun laws statewide so that citizens do not have to guess regarding what local rules might exist as they move from one locality to the next.
The complaint alleges, among other issues, violations of Mr. Fetters' civil rights under the 2d, 4th, and 14th , Amendments to the U.S. Constitution, and Article I, Section 6 of the Michigan Constitution, which reads, "Every person has a right to keep and bear arms for the defense of himself and the state," when he was physically restrained, disarmed, and subjected to verbal harassment and ridicule by law enforcement personnel.
Criminal charges were later dropped by the Grand Haven City Attorney's Office, after being informed of the unenforceability of their ordinance. No allegations were ever made that Mr. Fetters ever threatened anyone, or in any other way disturbed the peace on the day of his arrest. He is demanding damages for violation of his civil rights as a citizen of the United States and of Michigan.
The case has been filed in the U.S. Court, Western District of Michigan in Grand Rapids and has been assigned Case Number 1:09-CV-00190.
-END-
Steven W. Dulan is a current member of the Board of Directors of MCRGO.
MI 2A ping
He did, of course, ask for $500 million, right?
If you would like to be added or dropped from the Michigan ping list, please freepmail me.
With luck the City of Grand Haven and Ottawa County will have to go bankrupt trying to pay off this guys claim.
Sell the fire truck and the little league field, city hall and the library.
And every podunk town and town cop in America gets the message.
L
That is EXACTLY my hope.
Actually the firing or demotion of everyone involved in this travesty is all that really needs to be done. A demotion is only appropriate if the cop wants to go public with an apology.
The city should have to pay $100,000 on top of the guys court costs. The city council or whoever passed this absurd law should have to be punished also.
This is clearly an example where the wronged party should be able to go after the individuals themselves personally, all the ones involved in crafting and implementing this clearly illegal law. They should not be shielded by the law that protects bureaucrats who did not intentionally attempt to inflict harm through their actions.
There always has to be at least one LEO prick in the town that takes his job to extremes. You’d think after watching “Rambo part 1” they would learn.........
Thanks for posting an update on this!
Hope he wins BIG!
I guess, in this case at least, I needn't have pinged you.
Worth a shot, so to speak.
“city council or whoever passed this absurd law”
I didn’t think a city council member or whoever was ever punished.
Here is the original story from 4 August, 2008:
http://www.freerepublic.com/focus/f-news/2057288/posts
My GA Firearms License is honored in MI and GA allows open carry if you have the GFL. But if I am ever going armed in MI I will make sure I carry concealed, because I learned the hard way that being falsely arrested and detained alone and far from home is not a pleasant experience by any means, not even if the charge is dropped by the prosecutor and you're released as I was without spending a significant length of time in jail.
Sell the firetruck!?!?!?
Is that the little guy from Benny Hill?
Gus the fireman (Burt Mustin) on Leave it to Beaver.
Interesting case which might become very highly publicized, especially if it reached the SCOTUS.
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