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Cleveland pays out settlement in gun lawsuit, will review law over weapon seizures
buckeyefirearms.org ^

Posted on 12/29/2013 5:57:11 AM PST by Red in Blue PA

How do you turn a $400 gun into almost $7,000? Have it confiscated by the City of Cleveland.

The Cleveland Plain Dealer reporting recently that Cleveland has agreed to give Derrick Washington his gun back and pay $6,750 in a settlement over a federal lawsuit that drew outrage from gun-rights advocates over the police department's seizure of Washington's weapon in a case in which he was never charged.

According to the article, a settlement agreement released last week said the city would release Washington's .38-caliber Taurus and pay him $1,000. The gun, according to court records, cost him about $400. The city also paid $5,500 in fees for his attorney, J. Gary Seewald, and $250 in court costs.

(Excerpt) Read more at buckeyefirearms.org ...


TOPICS: News/Current Events
KEYWORDS: banglist
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1 posted on 12/29/2013 5:57:11 AM PST by Red in Blue PA
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To: Red in Blue PA

Victim gets $1,000.00 and his gun back. Lawyer gets $5,500.00.

Government of the lawyers, by the lawyers and for the lawyers.
Just another case proving Lincoln was wrong.


2 posted on 12/29/2013 6:03:49 AM PST by Tupelo (I am feeling more like Philip Nolan every day)
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To: Tupelo

3 days in jail would have cost them more than $1,000 if that happened to me.


3 posted on 12/29/2013 6:07:55 AM PST by Beagle8U (Unions are Affirmative Action for Slackers! .)
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To: Red in Blue PA

Washington now has a giant LEO target on him kind of like Zimmerman.


4 posted on 12/29/2013 6:10:24 AM PST by fella ("As it was before Noah so shall it be again,")
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To: Tupelo

Oddly enough, this time I disagree. If by all appearances they were going to win, he should have encouraged his attorney to do some “billable hours inflation”, in a discreet agreement to drive up the penalty to the city for their arrogance.

On condition that if the judge doesn’t agree to the inflated penalty, the lawyer wave those billable hours.

While this wouldn’t benefit him directly, if the city had to shell out say $30k or $50k, it would motivate them to really lean on the police to not abuse the 2nd amendment any more.


5 posted on 12/29/2013 6:19:51 AM PST by yefragetuwrabrumuy (Last Obamacare Promise: "If You Like Your Eternal Soul, You Can Keep It.")
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To: Las Vegas Dave

Ping Ohio list...


6 posted on 12/29/2013 6:25:47 AM PST by EBH ( The Day of the Patriot has arrived.)
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To: fella

‘zackly.


7 posted on 12/29/2013 6:34:28 AM PST by Eric in the Ozarks ("Say Not the Struggle Naught Availeth.")
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To: Red in Blue PA

If he wasn’t in his car, and had not been in his car at the time of the incident, there is NO REASON TO MENTION THE CCW OR THE WEAPON!!!!


8 posted on 12/29/2013 6:42:36 AM PST by G Larry
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To: Tupelo

I agree. This is more a story of the greed of the lawyer than the situation. It sounds like the gun owner just wanted his gun back, and the lawyer billed all that he could to up the outcome....for himself.


9 posted on 12/29/2013 6:45:01 AM PST by grania
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To: Red in Blue PA

A guy here (West Allis, WI) had his gun confiscated for having it on his hip while planting a tree in his yard (totally legal). He did get some cash back on the situation, but when he got his gun back it had been painted and rendered inoperable.


10 posted on 12/29/2013 6:57:28 AM PST by logic101.net (How many more children must die on the altar of "gun free zones"?)
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To: Red in Blue PA

Obama & The Democrats didn’t see this coming — so please pass it on quickly
as it will most likely be pulled and deleted.

http://WWW.youtube.com/embed/9RABZq5IoaQ?feature=player_embedded

AMAZING NRA Support from where you’d least expect it.


11 posted on 12/29/2013 6:58:30 AM PST by PLD
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To: Tupelo; grania
Lawyer gets $5,500.00.

Lawyer also remains interested in defending gun owners! When you fight City Hall, you need a good gun-slinger!

12 posted on 12/29/2013 7:00:41 AM PST by SES1066 (Quality, Speed or Economical - Any 2 of 3 except in government - 1 at best but never #3!)
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To: grania
Actually, I do not think the lawyer was greedy. I am pretty sure $5500.00 is damn near Pro Bono for him. I was just trying to point out, ineptly I suppose that this country is now run by lawyers. A vast majority of legislators in this nation come from members of the various state bar associations. They write the laws, usually for their benefit then these laws are upheld by the courts to whom non lawyers need not apply.

God knows I believe this nation would be better off if we demanded that our elected officials had an engineering degree or damn near any degree that ended in Science instead of Arts.

13 posted on 12/29/2013 7:02:10 AM PST by Tupelo (I am feeling more like Philip Nolan every day)
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To: G Larry
If he wasn’t in his car, and had not been in his car at the time of the incident, there is NO REASON TO MENTION THE CCW OR THE WEAPON!!!!

I see your point but what if the police ask you a direct question like "Do you own a gun?" (highly probable!) Should he have lied? Should he have claimed 5th Amendment right? No matter which way it goes he would have had to admit to these items and the questioning involved in a reported 'shooting incident' would have gone there.

One would think that an unfired weapon, secure in the car of the reporting citizen, would not have led to this outcome, but 2am arguments are frequently known for stupid outcomes! Just one of many reasons that I am never outside at 2am and won't be even this Tuesday night! Like others, 3 days of incarceration would lead me to ask for more than these slight compensations but there may be a back-story as well!

14 posted on 12/29/2013 7:12:51 AM PST by SES1066 (Quality, Speed or Economical - Any 2 of 3 except in government - 1 at best but never #3!)
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To: Tupelo

“billable hours inflation”, ....

Nothing like mixing in a little bit of fraud to boost ones “winnings”.


15 posted on 12/29/2013 7:14:40 AM PST by DaveA37
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To: Red in Blue PA
At the very least, whoever decided to steal the citizen's firearm ought to lose his job and be charged with theft in criminal court.

How likely is that to happen? It might start snowing shiny bright silver dollars, too.

16 posted on 12/29/2013 7:45:28 AM PST by Standing Wolf (No tyrant should ever be allowed to die of natural causes.)
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To: Tupelo

How many hours do you think the lawyer put in and what rate did he charge for the work.

Lawyers should work for minimum wage, since they really have no investment in becoming one, right? Anybody could become a lawyer and do this.


17 posted on 12/29/2013 7:47:38 AM PST by LachlanMinnesota
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To: LachlanMinnesota

“...Lawyers should work for minimum wage, since they really have no investment in becoming one, right? Anybody could become a lawyer and do this....”

The “Bar” is a self perpetuating monopoly. There are few things more crooked than the Bar.


18 posted on 12/29/2013 8:18:17 AM PST by Born to Conserve
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To: Tupelo
Victim gets $1,000.00 and his gun back. Lawyer gets $5,500.00. Government of the lawyers, by the lawyers and for the lawyers. Just another case proving Lincoln was wrong.

Can't get myself all excited about this pay "inequality". The lawyer provided a service and won a case for the individual and for the 2nd Amendment (and a few other Amendments).

19 posted on 12/29/2013 8:24:20 AM PST by trebb (Where in the the hell has my country gone?)
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To: LachlanMinnesota

Yup! Same with electricians, truck drivers, plumbers, crane operators, etc. “We don’t need no steenkin edjeecation!”


20 posted on 12/29/2013 9:04:57 AM PST by SgtHooper (If at first you don't succeed, skydiving is not for you.)
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