Charles Nichols
Moderator
I realize that the "concealed carry or no carry" crowd doesn't care about the facts but here are a few facts about the magistrate's judge recommendation and report filed in my Open Carry lawsuit.
Her opinion is that governors and police departments are immune from Federal Civil Rights lawsuits, not just as applied to my case but in all cases. The lawyer who reviewed my complaint before I filed it says the magistrate judge is an idiot. I imagine lawyers in the nearly 1,000 Federal lawsuits brought against the LAPD alone in the last ten years would agree. Awards in these cases have totaled over $136 million dollars.
The District Court judge assigned to my case has found that police departments are liable if they have violated a plaintiff's constitutional rights.
The governor of North Carolina was just successfully sued a week before the magistrate judge filed her report. I have read federal lawsuits against California governors and other state officials that were written in pencil where the district court judge gave the plaintiff multiple opportunities to correct the deficiencies in the complaint.
The magistrate judge "advises" that I would have to state exactly when and where I would have to violate the law in order to have standing against the remaining defendants. She based her conclusion on a non-binding district court decision from Hawaii.
That decision was overturned by the 9th Circuit Court of Appeals less than a week after she filed her report and recommendation.
Given that District Court judge Otero is unlikely to contradict his earlier decisions the likelihood of his accepting the magistrate judge's report and recommendation is somewhere between none and nil.
But if he does, I am more than happy to have an even earlier opportunity to take my case to the 9th Circuit Court of Appeals. With over 100 years of US Supreme Court precedents on my side, not to mention the innumerable 9th Circuit Court decisions, I'm not too worried.
California Right To Carry
Her opinion is that governors and police departments are immune from Federal Civil Rights lawsuits, not just as applied to my case but in all cases. The lawyer who reviewed my complaint before I filed it says the magistrate judge is an idiot. I imagine lawyers in the nearly 1,000 Federal lawsuits brought against the LAPD alone in the last ten years would agree. Awards in these cases have totaled over $136 million dollars.
The District Court judge assigned to my case has found that police departments are liable if they have violated a plaintiff's constitutional rights.
The governor of North Carolina was just successfully sued a week before the magistrate judge filed her report. I have read federal lawsuits against California governors and other state officials that were written in pencil where the district court judge gave the plaintiff multiple opportunities to correct the deficiencies in the complaint.
The magistrate judge "advises" that I would have to state exactly when and where I would have to violate the law in order to have standing against the remaining defendants. She based her conclusion on a non-binding district court decision from Hawaii.
That decision was overturned by the 9th Circuit Court of Appeals less than a week after she filed her report and recommendation.
Given that District Court judge Otero is unlikely to contradict his earlier decisions the likelihood of his accepting the magistrate judge's report and recommendation is somewhere between none and nil.
But if he does, I am more than happy to have an even earlier opportunity to take my case to the 9th Circuit Court of Appeals. With over 100 years of US Supreme Court precedents on my side, not to mention the innumerable 9th Circuit Court decisions, I'm not too worried.
California Right To Carry