Person exercising his 2nd amendment right sues for false arrest

This is close to a drive by, but I will let it go.

This is my question - why should the guy get so much money if he does win a settlement?

Wouldn't a reprimand of the officer suffice?

You are punishing in the end, the taxpayer. What are the actual damages besides being punitive? We denounce frivolous lawsuits.

If the guy gets the money - if he buys a truck and a boat - is he a good guy?

Give to the NRA-ILA after settling expenses?
 
I don't feel the amount justifies the action. He was released shortly after and his gun returned to him.
This in a relatively high crime area and the police I'm sure we're on high alert for there safety initially.
Even though Ohio is a cc/ OC state I rarely OC. I don't really want the attention.
 
If the guy gets the money - if he buys a truck and a boat - is he a good guy?
Give to the NRA-ILA after settling expenses?
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On the one hand, yeah, 3.6 million is probably beyond excessive.

On the other hand, why should he donate it? Had he been a whistleblower and been given a reward for such, doesn't that also penalize the taxpayer? It's the whistleblower's civic duty to report defrauding the government... paying them to do so still takes money out of the taxpayer's pocket.

What he did was philosophically no different than blowing the whistle on the government itself instead of TO the government. I see both sides, but hesitate to say the guy's not a good guy because in this case the government was wrong instead of wronged.
 
I will also add that he had no ID on him
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Was that it, or did he just refuse to provide it? It says he initially refused, and then produced it later. While I can't imagine they'd let him run home and pick it up, I suppose someone could have brought it to him after he was arrested.

I don't think you're required to carry ID everywhere you go in public.
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I don't think so either, but there are some places you're required to ID yourself in an interesting catch-22.
 
I would willingly and quickly produce ID to show I had nothing to hide and they in turn had nothing to fear
 
I would willingly and quickly produce ID to show I had nothing to hide and they in turn had nothing to fear
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Yes, I sort of feel the same way. I was stopped once leaving a restaurant by two LEOs who asked if I was carrying and wanted to see my ID. I suppose I could have made a seen, but really I just wanted to get away from these two guys and saw no reason to escalate things.
 
I would tell him my name (unless I sensed some reason not to), but that's it. "Quickly producing ID" might be seen as a "furtive movement". I don't want to end up like that dog in Salt Lake City last week. (his name was Geist, look it up) Or like Cory Maye.
 
Watched the video...

I watched the video and it is sad that these officers are so inept especially since they know that the dash cam is rolling. A reprimand would not have pointed out the problem in a public forum and that is what needed to be done so that this does not continue.

You have to remember that these same officers respond to serious calls and if their judgement is so off in this not stressful situation what happens when they are under stress?
 
There are only two instances in Ohio where a person must disclose his/her name.
(A) When lawfully detained for suspicion of criminal activity, and
(B) When a person is a witness to certain crimes.

I think we can rest assured from both the award and the dash camera that neither (A) nor (B) were involved in Mr. Call's detention.
2921.29 Failure to disclose personal information.
(A) No person who is in a public place shall refuse to disclose the person's name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:
(1) The person is committing, has committed, or is about to commit a criminal offense.
(2) The person witnessed any of the following:
(a) An offense of violence that would constitute a felony under the laws of this state;
(b) A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or to property;
(c) Any attempt or conspiracy to commit, or complicity in committing, any offense identified in division (A)(2)(a) or (b) of this section;
(d) Any conduct reasonably indicating that any offense identified in division (A)(2)(a) or (b) of this section or any attempt, conspiracy, or complicity described in division (A)(2)(c) of this section has been, is being, or is about to be committed.​
(B) Whoever violates this section is guilty of failure to disclose one's personal information, a misdemeanor of the fourth degree.

(C) Nothing in this section requires a person to answer any questions beyond that person's name, address, or date of birth. Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person's name, address, or date of birth or for refusing to describe the offense observed.

(D) It is not a violation of this section to refuse to answer a question that would reveal a person's age or date of birth if age is an element of the crime that the person is suspected of committing
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3.6 million is not that much to these people. A woman was awarded $46 million for being called a 'bitch' by her boss. This man was wrongly jailed.

The 3.6 mil may not just be compensation, but punitive to maybe encourage other LE to be more careful with things like this. Maybe they wont be so quick to arrest another innocent person knowing people will get big payouts if they're wrongly jailed while obeying the law.
 
was he detained or was he processed on the charge?

if he was processed he will now have a CCH, even if the case was dismissed he will have to explain the charge to most future employers, or any application he sends in like a ccw from another state....
 
It's the only thing that will stop them.

This is my question - why should the guy get so much money if he does win a settlement?
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In a sane society he wouldn't get that much,,,
But in our society that is the only way to deter such action in the future.

If enough municipalities have to pay out large monetary judgments,,,
Or if one municipality has to pay several such like that,,,
Perhaps they will stop abusing their authority.

I was taking lunch to my dispatcher wife one evening,,,
I heard the Chief talking to one of his lieutenants:

Make up a probable cause and raid the apartment,,,
We'll let the lawyers sort out the details.
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This has to stop somewhere,,,
Since no courts will jail the offending agencies,,,
Huge monetary settlements are the only recourse for justice.

Aarond

.
 
Unfortunately, like this guy, too many 2nd Amendment "exercisers" are (over-)actively looking to prove a point that does not need proving. Seriously, is this guy is some kind of hero? He got cute with the cops and deserves the consequences of his actions. There are legalities and then there are realities. Be smart and not arrogant. Frankly, I'd rather the cops detain one law-abiding smartass than miss the boat on another late night stop-and-rob violent thief. We do not live in a black and white world, especially when it comes to guns. You can be right and foolish all at the same time.
 
I only watched snippets of the video. I haven't read the complaint. From what I have seen, though, this just isn't a $3.6M case.
 
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