O. C. Individual sues police 3.6 mil

[BluesStringer]

The case was dismissed in June 2014 because it was apparently settled. I wonder if the settlement is the full 3.6 million?

Not likely. There's no motive to settle without a deal.

The settlement has yet to be reached. Some involved with the case (specifically, Mr. Call's attorney) have provided as much info as is legal and prudent, and thought the settlement might come before this weekend, but it didn't. As of the last comms with the attorney that I saw (7/10/14), they're optimistic for early this coming week. Mr. Call will be bound by a confidentiality agreement, but Ohio's Sunshine Law will still apply and the settlement amount will become public knowledge in fairly short-order soon after the ink is dry.

Blues

 

[BC1]

The settlement has yet to be reached. Some involved with the case (specifically, Mr. Call's attorney) have provided as much info as is legal and prudent, and thought the settlement might come before this weekend, but it didn't. As of the last comms with the attorney that I saw (7/10/14), they're optimistic for early this coming week. Mr. Call will be bound by a confidentiality agreement, but Ohio's Sunshine Law will still apply and the settlement amount will become public knowledge in fairly short-order soon after the ink is dry.

Blues

If you should get that info please post it. That's actually a great law. I settled a suit against my former business partners back in November but the court sealed the terms. We all agreed to not divulge. But I wonder of someone else got the court record if it would be there.

 

[BluesStringer]

If you should get that info please post it. That's actually a great law. I settled a suit against my former business partners back in November but the court sealed the terms. We all agreed to not divulge. But I wonder of someone else got the court record if it would be there.

I'll keep an eye on it.

There were three or four Ohio lawyers, including Call's, going back and forth over who would have access to the amount in the thread that I saw that's been active since the illegal detention first took place. Not surprisingly, Call's attorney was proven correct by one who was saying that confidentiality wouldn't be enforceable against Call because of the state's Sunshine Law. The adversary finally conceded the point after consulting a friend/attorney who he said was "the best Sunshine Law attorney in the state." I have no idea if NY has an equivalent type of Sunshine Law, but if it does, then in the scenario you describe, you and your partners would be bound by the confidentiality agreement, but any citizen or journalist could gain access to the terms and amount of the settlement through whatever specified processes exist.

Call's attorney ended that part of the conversation by saying something to the effect of, "Yep, that's right. If a journalist goes to the trouble of getting the amount, and then calls Roy to say, 'I just wanted to congratulate you on your $xxxxx.xx settlement,' and Roy says, 'Thanks' or 'No, it was actually $xxxxxx.xx,' then he breaks the agreement and forfeits the settlement." So it's pretty well guaranteed that Roy Call won't be talkin' after the settlement comes down, but somebody will be curious enough to find out, and it won't be very difficult.

Blues

 

[BluesStringer]

If you should get that info please post it. That's actually a great law. I settled a suit against my former business partners back in November but the court sealed the terms. We all agreed to not divulge. But I wonder of someone else got the court record if it would be there.

I wanted to follow up here since I happened to think about it and may not do anymore thinkin' fer a' spell. LOL

Anyway, nothing new, but thought I'd go ahead and post a link to the thread I referenced above so in case it really does slip my mind, anyone who happens upon this thread can do a follow-up.

The forum is Ohioans for Concealed Carry. The thread is Lawsuit filed for illegal stop of Ohio open carrier. I can't say that I'm 100% positive about this, but I strongly suspect that "BB62" is Roy Call's attorney.

There is also a still-active thread about it at Link Removed. Nothing new there either as of this writing, and many of the same posters from the OFCC thread are participating in that thread too. I don't have time to go back through either of the whole threads, but I'm pretty sure that the OC.org thread is where I found posts that made me think BB62 is indeed Roy Call's attorney. Lots of really good history and analysis of the case in that thread.

Blues

 

[BluesStringer]

I wanted to follow up here since I happened to think about it and may not do anymore thinkin' fer a' spell. LOL

Anyway, nothing new, but thought I'd go ahead and post a link to the thread I referenced above so in case it really does slip my mind, anyone who happens upon this thread can do a follow-up.

The forum is Ohioans for Concealed Carry. The thread is Lawsuit filed for illegal stop of Ohio open carrier. I can't say that I'm 100% positive about this, but I strongly suspect that "BB62" is Roy Call's attorney.

There is also a still-active thread about it at Link Removed. Nothing new there either as of this writing, and many of the same posters from the OFCC thread are participating in that thread too. I don't have time to go back through either of the whole threads, but I'm pretty sure that the OC.org thread is where I found posts that made me think BB62 is indeed Roy Call's attorney. Lots of really good history and analysis of the case in that thread.

Blues

While I was writing the above, Link Removed:

- Roy Call was paid $25,000

- City only had to pay $5,000, insurance paid the rest (Riverside, Tipp City man working to settle $3.6M lawsuit - Top News - InsuranceNewsNet.com)

- Confidentiality agreement is part of the settlement

- As part of settlement, Riverside will establish a policy or policies concerning the rights secured by the Second Amendment, Section 4 of Ohio Constitution, and ORC 9.68

- Sgt. Harold Jones, who lied repeatedly in his police report, gets to keep his job (more on this later)

http://tinyurl.com/koaxn3q

So there ya go. No $3.6 million, but apparently 2A and Ohio Constitution and applicable code sections policies and procedures will become part of the training regimen for cops.

Mr. Call's settlement is $10,000 more than NavyLCDR's friend in WA State got, and Navy said he and his wife got motorcycles with their $15K for a similar type of LEO abuse of authority.

These kinds of suits won't do any real good until qualified immunity is repealed and the violators of peoples' rights start getting sued individually. Still in all, $25K ain't bad for a day's taking of abuse I guess.

Blues

 

[S&W645]

Really?

How many such suits have you brought?

Here's the code: RULE 68. Link Removed

And that still depends on what is asked for. You can lose on the dollar amount but still win on the court costs. The jury has the say on that, not the code. It is like juries being told that they have no choice but to convict if they believe a person violated a law. But in reality, the jury can refuse to convict if they feel the law is unjust even if they know the person violated the law.