Saturday, June 14, 2008

Open Carry Group Sues Cops

A group of folks allegedly hassled by some Dickson City, PA cops during an incident last month while openly carrying have reportedly filed a civil rights lawsuit:
DICKSON CITY — Several people involved in an incident that sparked a gun rights debate last month filed a suit in federal court Wednesday looking not only for money, but for the court to force borough police to complete additional training.

The suit stems from a May 9 incident in which police asked for identification from a group of customers openly carrying firearms at Old Country Buffet. At least one person, Richard Banks, of Fairview Township, Luzerne County, refused to provide a driver’s license and was detained. Roger McCarren, of White Mills, Wayne County, had his gun taken because the state police gun sales database indicated it was purchased by his wife, Darcie.

Mr. Banks, Mr. McCarren, Larry Meyer, of Susquehanna, and Mr. Banks’ wife, Judy Banks, filed the suit in U.S. District Court for the Middle District of Pennsylvania. The suit names as defendants two officers, Karen Gallagher and Anthony Mariano, along with Police Chief William Stadnitski and Dickson City Borough.

The plaintiffs are asking for compensatory damages in excess of $100,000 and an “injunction requiring the individual defendants to receive such additional training as may be necessary to prevent a recurrence.” The compensatory figure doesn’t include punitive damages, which can be awarded as a punishment and a deterrent to the alleged rights violation being repeated.
Story here.

Copy of the complaint available here.

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