Can I sue for a civil rights violation?

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How about this

I am going to be in St. Louis, Mo. I will be carrying under my Pennsylvania non'res license. The Cheif of Police (definatley anti-carry) has stated that he will instruct all his officers to arrest anyone who they find carrying in St. Louis and let the courts sort it out. Missouri law allows concealed carry by anyone with a license to carry from any state (at least that is how I read it) Would that not be false arrest?
 
how do you get that?

Umm, Courtney as I read this;
Every person(snip)shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, I dont see that I am limited to "injunctive relief", do you have first hand knowledge of such a limitation not found in the statute? Better yet does anyone have any knowledge of an official person being sued under this statute? I really would like to collect a percentage from one of those TSA paychecks. I guarantee the rest of them would be a whole lot politer to the flying public.
 
Suing a .gov entity can be profitable. If you have anything resembling a cause of action, by all means file suit. They'll likely roll over and settle. That's windfall.

Actually, except for a few specific permissions, you can't "sue" the federal government. You can file a federal tort claim, which is what you file when, for instance, a government car hits yours and damages it.
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FEDERAL TORT CLAIMS ACT
Citizen's Remedy Against Torts Perpetrated by Government Personnel

Title 28 U.S.C. § 2675(a) provides, in pertinent part:

"An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section."


Title 28 USC § 2401(b)

A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.



Title 28 USC § 2675:

The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section.



Title 28 U.S.C. 2401(b) requires the claimant both to file the claim with the agency within two years after accrual of the claim and then to file a complaint in the District Court within six months after the agency denies the claim.


Title 28 USC § 2401(b)

A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.


Title 28 U.S.C. § 2675(a) provides, in pertinent part:

An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section.
 
ok i have a question regarding this statute. lets say i was going to the range and had my guns in the car, stored legally. my friend is going with but he lives at a college campus so i go there to pick him up. i get pulled over on campus by the police for no reason and they search my car for no reason and find my guns which are illegal to have on school campuses in florida. i then get charged with a 3rd degree felony.


do you think it would be possible to sue under these circumstances? if so, who would the suit be directed towards?
 
a little clarification

I dont believe the federal tort claims act applies to my post since I intend to sue the TSA agent himself, not his employer for violating my civil rights. :neener:
 
Umm, Courtney as I read this;
Every person(snip)shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, I dont see that I am limited to "injunctive relief", do you have first hand knowledge of such a limitation not found in the statute? Better yet does anyone have any knowledge of an official person being sued under this statute? I really would like to collect a percentage from one of those TSA paychecks. I guarantee the rest of them would be a whole lot politer to the flying public.

You are 100% correct that you can be awarded money damages from the TSA employee. You cannot be awarded money damages from the government. A monetary award against a TSA employee is not worth the time, effort and money spent to get it.
 
Ignorance of the laws of a foreign government, or of
another state; is ignorance of a fact.

WHAT?! Since when is this EVER a valid defense to a violation?

So if I say did not know that permitless CCW was illegal in GA, you would not bother to hook me for it because my lack of knolwege in fact would provide an affirmative defense?

Are you mad man? You seem incapable of affording equal protection.



YES, as a police officer, you have a DUTY to perform only lawful arrests! I do not understand how "I didn't know it wasn't illegal" could concivebly provide an affirmative defense for say arreasting me for being White and driving a car.


Now, I don't expect you realistically to be familiar with all of current law off the top of your head. There are TOO MANY laws for a sane society. If a person who's profession IS the law and sworn enforcement thereof, cannot memorize all law, then there are FAR TOO MANY for me to memorize in my spare time while I make a living and have a life doing something else. This is a problem that needs to be fixed.
 
Federalist Weasel,

Something you hint at in some of your replys has me a little worried. If you recive no training at the Acdemy on enforcemen of CCW statutes, how can you even attempt to cite or arrest a Citizen for violation thereof.

I arrested menbers of the public for any number of crimes for which I received no formal training at the Aczdemy(s). However I had always made myself familiar with the violation I was about to enforce by breaking out the statute book for the State where I worked. 5 minutes spent reading, while your violator cools his heels sitting in your car or his can sure save a lot of hard feelings and a few lawsuits

As regards the reciprocity for CCW can be found not only at packing.org, but every State I have checked out has a Dept. responsible for keeping it's Citizens appraised of Reciprocity changes with other States. If you can't locate yours, Look under Sat of Florida, Dept of Agriculture, division of licenseing. There you wil find links to the States having Reciprocity with Fl. as well as each state's Gun laws. Read these and you will have a good start on what is legal or not as regards CCW

JPM
 
Think about it

You are 100% correct that you can be awarded money damages from the TSA employee. You cannot be awarded money damages from the government. A monetary award against a TSA employee is not worth the time, effort and money spent to get it.
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Oh really? I plan to fully engage groups like the ACLU and other interested parties. Think about it, A federal official(TSA) is publicly sued for violating my civil rights. I can almost guarantee lots of publicity and media. My goal isnt trying to get rich off some hapless security agent. Its to bring about an attitude adjustment from the rank and file as well as management. That would be time, effort and money well spent.
 
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