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mark edward marchiafava
Member
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Posted: Tue Jul 1st, 2008 12:37 am |
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June 30th, the city of Gonzales, Louisiana, reached an out of court settlement for an undisclosed sum resulting from my unlawful arrest while openly carrying back in 2006. Naturally, the city didn't admit to any wrongdoing. To the best of my knowledge, no officers were terminated or disciplined. The police captain who reluctantly returned my firearm stated the city's attorney was looking into other laws to apply to anyone openly carrying, since LRS 14:95 (unlawful carrying of a weapon) more than obviously doesn't apply.
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tito887
Member
| Joined: | Sun Apr 6th, 2008 |
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| Posts: | 45 |
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Posted: Tue Jul 1st, 2008 12:43 am |
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| Where were you open carrying? Would you say that it is now a little safer to open carry in Louisiana or will I have to wait 2 years to win a lawsuit of my own.
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mark edward marchiafava
Member
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Posted: Tue Jul 1st, 2008 12:45 am |
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In Gonzales, Louisiana. I'm headed to Gonzales (again) later this week. I'll be sure to let you know if they are foolish enough to execute a repeat performance.
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Evil Ernie
Member
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Posted: Tue Jul 1st, 2008 12:51 am |
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Well done MEM!!! Hit'em where it hurts!!!
I'd love to know what new little nuances they'll come up with in existing laws to nail ya on...
Hopefully you were awarded enough to buy a gold plated .50 cal Desert Eagle and OC that!!!
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mark edward marchiafava
Member
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Posted: Tue Jul 1st, 2008 12:59 am |
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"Undisclosed sum." LOL,
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deepdiver
Activist Member
| Joined: | Mon Apr 2nd, 2007 |
| Location: | Missouri USA |
| Posts: | 3343 |
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Posted: Tue Jul 1st, 2008 01:16 am |
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It's a shame that it wasn't painful enough to cause the captain and city atty to just decide to follow the damn law.
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mark edward marchiafava
Member
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Posted: Tue Jul 1st, 2008 01:20 am |
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Deepdiver, not about to happen in the Banana Republic. Down here, the law is whatever the cops say it is. The very cop who took me to the prison made that ABUNDANTLY clear. He and his associates ARE the law. Don't believe me, call officer Billiot and ask him, yourself. How'd that go? "I don't care what the supreme court or the constitution says, we are not going to have people running around, wearing guns, with women and children everywhere." True quote.
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Pa. Patriot
State Researcher
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Posted: Tue Jul 1st, 2008 02:18 am |
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Congrats. Too bad it sounds like they didn't learn anything though...
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WhiteRabbit22
Member
| Joined: | Thu Oct 18th, 2007 |
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| Posts: | 275 |
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Posted: Tue Jul 1st, 2008 04:08 am |
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mark edward marchiafava wrote: "I don't care what the supreme court or the constitution says, we are not going to have people running around, wearing guns, with women and children everywhere." True quote.
Wow. simply wow. I am dumbfounded by that statement. I cannot belive this guy is a cop. Did he just completely throw the oath they take right out the window? He should be fired, along with any LEO that was involved in your arrest. Or at least he should be fired, and the rest suspended. That is ludicrous.
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charlie12
Member
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Posted: Tue Jul 1st, 2008 12:34 pm |
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mark edward marchiafava wrote: "Undisclosed sum." LOL,
Mark sounds like they didn't want to talk about money.
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mark edward marchiafava
Member
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Posted: Tue Jul 1st, 2008 12:42 pm |
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And all this time I was planning to take out a large ad in the Advocate, informing Louisianians how much of their tax dollars were lost due to the stupidity/wanton recklessness of the Gonzales cops. A confidentiality clause prevents me from doing that, now.
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charlie12
Member
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Posted: Tue Jul 1st, 2008 12:46 pm |
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mark edward marchiafava wrote: And all this time I was planning to take out a large ad in the Advocate, informing Louisianians how much of their tax dollars were lost due to the stupidity/wanton recklessness of the Gonzales cops. A confidentiality clause prevents me from doing that, now.
That's not good. I just told Debbie about it and she wanted to know how much you got. She would be happy to throw that ad to about 1000 customers.
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Thundar
Member
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Posted: Tue Jul 1st, 2008 12:50 pm |
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| A win is a win. Open Carrier - 1 - Gonzales civil rights abusing PD - 0
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LeagueOf1291
Member
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Posted: Tue Jul 1st, 2008 01:05 pm |
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mark edward marchiafava wrote:
And all this time I was planning to take out a large ad in the Advocate, informing Louisianians how much of their tax dollars were lost due to the stupidity/wanton recklessness of the Gonzales cops. A confidentiality clause prevents me from doing that, now.
The city must disclose the amount of the settlement when a proper request is made pursuant to the Louisiana open records statute. Times Picayune Publ'g Corp. v. Bd. of Supervisors, 845 So. 2d 599 (La. App. 2003), writ denied, 852 So. 2d 1044 (La. 2003).
You might be barred, but if you have an acquaintance who works with a paper...
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mark edward marchiafava
Member
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Posted: Tue Jul 1st, 2008 01:10 pm |
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A reporter for the Advocate and I were talking yesteday. This very issue was brought up. Since the reporter was originally from Texas, he wasn't that familiar with how this would fly here in the POLICE STATE OF LOUISIANA. BTW, he did acknowledge Texas cops did similar "stuff" over there, too. I asked him to call the chief of police, the mayor, whoever, and try to find out for himself the amount involved. We'll see. Thanks for the tip, though, I'll relay it to the reporter.
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thorsmitersaw
Member
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Posted: Tue Jul 1st, 2008 01:30 pm |
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mark edward marchiafava wrote: Deepdiver, not about to happen in the Banana Republic. Down here, the law is whatever the cops say it is.
Welcome to America
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Carondalet
Member
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Posted: Tue Jul 1st, 2008 02:04 pm |
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| This needs to be in the Hot Topic area on the Home page!!
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ScottyT
Member
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Posted: Tue Jul 1st, 2008 02:44 pm |
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Congrats on the win!
I hope the reporter can learn how much the settlement was, since you can't tell us! I think it would be great to let all the people know how much police incompetence costs!
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charlie12
Member
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Posted: Tue Jul 1st, 2008 02:56 pm |
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ScottyT wrote: Congrats on the win!
I hope the reporter can learn how much the settlement was, since you can't tell us! I think it would be great to let all the people know how much police incompetence costs!
It would be nice just to get the story in the paper and let the public know that the Gonzales PD doesn't care about Louisiana law.
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Deanimator
Member
| Joined: | Fri Sep 21st, 2007 |
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| Posts: | 249 |
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Posted: Tue Jul 1st, 2008 03:24 pm |
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mark edward marchiafava wrote: June 30th, the city of Gonzales, Louisiana, reached an out of court settlement for an undisclosed sum resulting from my unlawful arrest while openly carrying back in 2006. Naturally, the city didn't admit to any wrongdoing. To the best of my knowledge, no officers were terminated or disciplined. The police captain who reluctantly returned my firearm stated the city's attorney was looking into other laws to apply to anyone openly carrying, since LRS 14:95 (unlawful carrying of a weapon) more than obviously doesn't apply.
Did they impose any kind of nondisclosure clause in the settlement?
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