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Lawsuit against Corvallis PD officer settled in favor of pro se plaintiff

Primus

Regular Member
Joined
Oct 24, 2013
Messages
3,939
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United States
Non-peace officers lack the power to detain, and the power we do have, to arrest, is rarely used. If somebody has placed me under citizen's arrest, you better believe I'd be recording it though. My first interaction with a Corvallis PD officer was seemingly pleasant, I introduced myself and chatted for a few minutes. Did I record the interaction? Yes. Did I ask if I was being detained? Yes. From that interaction I learned that Corvallis PD likes to investigate and gather information on legal activity. The officer wrote a report about our conversation and saved video of me on four separate occasions. When I filed a police complaint comparing the collection of information for somebody exercising their right to practice religion to somebody bearing arms, I was told they were completely different. The investigating lieutenant had no issue with officers spending time investigating lawful behavior. It was fairly clear that Corvallis PD was a fairly corrupt department. My subsequent interactions with them have only confirmed this belief. Fortunately the new Chief seems like a decent guy, so maybe over time they'll get better, but I'm not holding my breath.

Regarding the $5k of damages comment from oc4ever, as you're aware, a settlement is just money to stop the case. There's no admitting of fault (beyond what the judge had ruled) or admitting that damage took place. There's a case in WA where an OCer had a gun pointed at him while he was carrying, he was awarded $15k. I think that's low. There was a case in NM where a man who was forcefully removed from a movie theater and told to disarm before returning got $20k. I'm not too familiar with other cases in other states. I think one guy had two lawsuits that he won, one of which bought him a nice motorcycle, but I'm not at all familiar with the details. Getting $5k isn't smashing any records, but it's something substantial and Judge McShane's opinion is another open carry detainment citation that can be used.

Did i read that right? Your recorded him for no reason, it was a conversation. Then you turned around and were upset they recorded you? "Investigating and gathering of information on legal activity". That's what you called what they were doing, isn't the EXACT same thing you were doing? gathering information on legal activity (the guy talking to you). I'm confused...
 

We-the-People

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Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
5K may be small but think about it. If each and every time they violated our rights with an unlawful detainment or other abuse, we sued and then offered to settle for 5K + legal costs (less than it will cost them to defend).....how long would it take for those little cuts to add up? Remember, death by a thousand small cuts is still death.

I doubt that any case will bring in 100,000 (they are rare) but just 20 suits with a 5K + costs settlement equals 100,000.

The added benefit? For the patriots filing those cases, it would become practically boiler plate to drop the suits on the departments that continue to violate the law and our rights.
 

Jared

Regular Member
Joined
Jul 8, 2006
Messages
892
Location
Michigan, USA
Excellent work.

For the people who say that you should have pushed for training... You're crazy.

Does NJ drop felony charges and push training on people from PA or CT who accidentally carry into NJ?

Until then, to hell with training. OC has been legal on foot forever and legal in vehicles (without a CHL) since 1985.

I would consider donating the 5K to someone other than OFF. While Kevin does great work, he is compromised when bad sheriffs (who are his friends) do bad things that costs groups like CALGUNS a lot of money.

Here is a novel concept for the police apologists, if they don't know the law then don't enforce it. There is precent for that in various federal and state departments.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
Did i read that right? Your recorded him for no reason, it was a conversation. Then you turned around and were upset they recorded you? "Investigating and gathering of information on legal activity". That's what you called what they were doing, isn't the EXACT same thing you were doing? gathering information on legal activity (the guy talking to you). I'm confused...

I recorded him because he only needs to say one brief sentence for my rights to be violated. Surely you're not advocating that open carriers not carry and use recording devices when encountering cops. I wasn't getting paid to enforce laws when I recorded my conversation. I also wasn't getting paid to enforce laws when I wrote my account of the events and posted the audio to youtube for all to listen to for free. On the other hand this particular officer spent public funds doing the exact same thing detailing lawful behavior, and then he came back to try to get my name around 30 minutes later. If you're advocating that police spend an inordinate amount of time chasing down people exercising their rights then I can't imagine your ideal police force would catch many criminals.
 

oc4ever

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Oct 23, 2009
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, ,
You better do some research

Excellent work.

For the people who say that you should have pushed for training... You're crazy.

Does NJ drop felony charges and push training on people from PA or CT who accidentally carry into NJ?

Until then, to hell with training. OC has been legal on foot forever and legal in vehicles (without a CHL) since 1985.

I would consider donating the 5K to someone other than OFF. While Kevin does great work, he is compromised when bad sheriffs (who are his friends) do bad things that costs groups like CALGUNS a lot of money.

Here is a novel concept for the police apologists, if they don't know the law then don't enforce it. There is precent for that in various federal and state departments.



Here is a case from San Fernando California with a $44,000 settlement and lawsuit forced officer training: tap link below

http://www.hoffmang.com/firearms/diaz/DiazSignedAgreement.pdf
 
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davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Excellent work.

For the people who say that you should have pushed for training... You're crazy.

Does NJ drop felony charges and push training on people from PA or CT who accidentally carry into NJ?

Until then, to hell with training. OC has been legal on foot forever and legal in vehicles (without a CHL) since 1985.

I would consider donating the 5K to someone other than OFF. While Kevin does great work, he is compromised when bad sheriffs (who are his friends) do bad things that costs groups like CALGUNS a lot of money.

Here is a novel concept for the police apologists, if they don't know the law then don't enforce it. There is precent for that in various federal and state departments.

+1 right on!
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
Third, I'm not telling you what to do but IMHO the media needs to run this both in the papers and on the local news stations. If it is just you, the department, and the judge that know about this the PD doesn't have any reason to change. If the voter's tell the mayor or city leaders they are pissed about this and they will lose votes they department will get pressure to change. But if it is swept under the rug then nothing will change and another will be harrassed, then another and another.

I ended up agreeing with what you said and contacted the local newspaper who wrote a story on the lawsuit today.
 

davidmcbeth

Banned
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Jan 14, 2012
Messages
16,167
Location
earth's crust
I ended up agreeing with what you said and contacted the local newspaper who wrote a story on the lawsuit today.

“We did conduct the investigation internally,” Police Chief Jon Sassaman said. “Of course, we sometimes end up with differing opinions based on everybody’s recollection. We didn’t find that the officer did anything wrong. Unfortunately, the federal judge disagreed.”

As you can see ... they still believe that what they did was right.

5K means nothing to them....its "go away" $$$
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
Good job and good article, it does seem the gestopo agents "local police" don't feel they have to serve the public but in this case harrass them.

Nor do they want to admit that they screwed up. Hence (not directly quoted) "we paid him some taxpayer dollars because it was cheaper than going to court" (they left of "and losing").
 

jrich

Regular Member
Joined
Nov 9, 2013
Messages
11
Location
Baton Rouge, LA
What You Learned

I think perhaps among other things you learned how lawyers shade the truth, misrepresent the facts and engage in ridiculous underhanded antics. For the most part lawyers cause society much greater harm that(sic) open carrying a firearm. Good job. Glad you taught the local police ***** a lesson and took out one of their hired lawyer ***** who did nothing but make up ridiculous allegations. I really believe that one should not be proud to say they are a lawyer. I like your approach. The law presumes all lay persons know the law and you did an excellent job executing on just that notion.
 
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Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
I think perhaps among other things you learned how lawyers shade the truth, misrepresent the facts and engage in ridiculous underhanded antics. For the most part lawyers cause society much greater harm that open carrying a firearm. Good job. Glad you taught the local police ***** a lesson and took out one of their hired lawyer ***** who did nothing but make up ridiculous allegations. I really believe that one should not be proud to say they are a lawyer. I like your approach. The law presumes all lay persons know the law and you did an excellent job executing on just that notion.
First and foremost, OCDO has Forum Rules against bashing any group because of their employment/profession.
(6) NO PERSONAL ATTACKS: While you may disagree strongly with another poster based upon their opinion, we will NOT tolerate any personal attacks or general bashing of groups of people based upon race, religion, national origin, sex, sexual orientation, gender-identity or choice of occupation........

Second, this site to which you have registered (thereby allowing you to post) is owned by two persons, both of whom are attorneys.

I do compliment the OP on his excellant pro se handling of his case.
 

DocWalker

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Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
First and foremost, OCDO has Forum Rules against bashing any group because of their employment/profession.


Second, this site to which you have registered (thereby allowing you to post) is owned by two persons, both of whom are attorneys.

I do compliment the OP on his excellant pro se handling of his case.

dam, I had a lot of lawyer jokes that are now going to go to waste.....
 
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