Told by FWPD illegal to OC in Indiana

[jbombelli]

what "damages" would you sue for?

Whatever my attorney says I could get.


That said, "punitive damages, that you're giving me."

[ame]http://www.youtube.com/watch?v=QhjBlPucpd0[/ame]


I just had to post this, even though it's totally off topic.

 

[ccolip2189]

Wear it with pride

 

[long coat]

what "damages" would you sue for?

See post # 3

 

[Bunnykid68]

If any Indiana LEO comes at me with a claim that they can arrest me for not concealing, I'll simply calmly put down whatever I'm doing, put my wrists together, and offer them up to the officer with the words, "Then arrest me, if you have the courage of your convictions."

Cannot rep you again, but I would gladly buy you a cold one anyday

 

[Compuvette]

If any Indiana LEO comes at me with a claim that they can arrest me for not concealing, I'll simply calmly put down whatever I'm doing, put my wrists together, and offer them up to the officer with the words, "Then arrest me, if you have the courage of your convictions."

Not an OC guy myself, but well said. A tip of the hat to you.

 

[CathyInBlue]

You just gotta lob the ball back in the error-ridden officer's court. Make him make the decisions. Make him question his own legal foundations. That's the only way you'll get him to shut up long enough to listen to your answers to his questions. If you're on the defensive, you're in his pocket. Make it clear that you're not going to comply and that you're gonna force him to live down to his own ultimatuums.

 

[griffin]

what "damages" would you sue for?

If falsely arrested you could sue for monetary damages, attorney's fees, and forced retraining of LEOs in that department.

 

[Grelber]

The officer and his sergeant need to be re-instructed and you deserve a written apology.
You could probably get this with a polite and low stress conversation with one of their superiors. This should solve the problem without wasting tax dollars and everyones time.
A lawsuit is somewhere between extreme overkill and just plain silly, in my opinion. We all make mistakes, no need to torment somebody who thought he was doing his job.

 

[jbombelli]

The officer and his sergeant need to be re-instructed and you deserve a written apology.
You could probably get this with a polite and low stress conversation with one of their superiors. This should solve the problem without wasting tax dollars and everyones time.
A lawsuit is somewhere between extreme overkill and just plain silly, in my opinion. We all make mistakes, no need to torment somebody who thought he was doing his job.

This sort of thing has happened a few times in Fort Wayne. They've been informed of the law, they know the law, and are willfully disregarding it. It's time they get slapped down.

 

[CathyInBlue]

We all make mistakes, no need to torment somebody who thought he was doing his job.

But this is not just any job. This is the job. You wouldn't understand unless you've been on... the job. Isn't that what a lot of LEOs and ex-LEOs say? The nature of this job is such that being wrong does not mean just not getting the Faxton account, or having to recall $100 million in faulty product, or just having to spend the weekend reworking the documentation to actually fit the product. It's not just about wasting resources or wasting time. When LEOs are wrong, real people get really hurt.

Gunn v State.

The law has nothing to do with what the police THINK it is. It's part of "the job" that they, as a department and as individual officers, remain on top of the nature of the thing that they are employed to enforce.

 

[KG1]

You just gotta lob the ball back in the error-ridden officer's court. Make him make the decisions. Make him question his own legal foundations. That's the only way you'll get him to shut up long enough to listen to your answers to his questions. If you're on the defensive, you're in his pocket. Make it clear that you're not going to comply and that you're gonna force him to live down to his own ultimatuums.

Exactly. "If you feel that you have the grounds to arrest me officer then by all means I invite you to do so, otherwise have a good day"

 

[Grelber]

They've been informed of the law, they know the law, and are willfully disregarding it.

That is a different cup of tea.
A "let's go to Fort Wayne and open carry" day could be fun.

 

[T-DOGG]

Why would anyone want to be willfully arrested? Come on guys. I'm all for standing up for my rights, but I draw the line at being arrested if I have a choice. I chose to comply to the Officer's requests which led to me not being arrested. I stated to him what my rights were, he told me otherwise. Right or wrong, I chose not to be arrested (falsely or justly). I would rather battle this through an attorney than put on a public demonstration. You can call me a coward if you like. Please keep in mind that I am a father, a husband, and run a business of 15 people. I have people who depend on me daily. The last thing I want is to argue with the police and be arrested for trying to prove a couple of officers wrong. Neither one of the officers were going to agree with me. I will battle this thing a way that works for me. I hope most of you understand this.

 

[LPMan59]

See post # 3

post #3 is the statute. It does not list/explain what damages the OP has incurred.

If falsely arrested you could sue for monetary damages, attorney's fees, and forced retraining of LEOs in that department.

Was the OP falsely arrested?


I doubt someone is going to be able to prove damages from being bothered by an out-of-line officer. That's all I'm saying. Since the OP is threatening to sue for damages, I am curious to what damages he has actually incurred as a result of this interaction. I'm not saying this because I disagree with his sentiments; on the contrary I would also be writing a complaint letter.

 

[9mmfan]

By and large Ft Wayne is a very liberal city. The city government is definitely that way.

 

[MACHINEGUN]

I think a letter like this needs to be sent to every Police Department in Indiana!

 

[Bapak2ja]

For the record, would you folks please take it easy when you sue the city. Our taxes are already way too high and I do not want to have to pay for another city bond to raise the cash to pay you guys. Remember, it is fellow ers who will be paying the bill!!

 

[Bunnykid68]

Why would anyone want to be willfully arrested? Come on guys. I'm all for standing up for my rights, but I draw the line at being arrested if I have a choice. I chose to comply to the Officer's requests which led to me not being arrested. I stated to him what my rights were, he told me otherwise. Right or wrong, I chose not to be arrested (falsely or justly). I would rather battle this through an attorney than put on a public demonstration. You can call me a coward if you like. Please keep in mind that I am a father, a husband, and run a business of 15 people. I have people who depend on me daily. The last thing I want is to argue with the police and be arrested for trying to prove a couple of officers wrong. Neither one of the officers were going to agree with me. I will battle this thing a way that works for me. I hope most of you understand this.

Some of us are just ******* enough to be willing to be arrested for that, for you, me and our children...think of the children, I am and I would gladly tell an idiot to pound sand and ....well a lot of other stuff too

 

[Bunnykid68]

For the record, would you folks please take it easy when you sue the city. Our taxes are already way too high and I do not want to have to pay for another city bond to raise the cash to pay you guys. Remember, it is fellow ers who will be paying the bill!!

Figure out a way to get the poor to pay any share of the taxes and we will probably be ok

 

[danmrt868]

I am down for a oc event anywhere in town. I opencarry all over and very little issues. bty you handled yourself fine .