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WVRecord - Wheeling police sued for harassing open carriers

Dreamer

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Sep 23, 2009
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5,362
Location
Grennsboro NC
One of the officers involved, Matthew Kotson, has been arrested and charged with four counts of second-degree sexual assault.
One can only wonder how this story would have played out if his victims had taken responsibility for their own safety and had been carrying.

West Virginia DOES have pretty strong "Castle Doctrine" and "Stand Your Ground" laws to protect people who use deadly force in self-defense of threats of attacks or serious bodily injury...
 
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Grapeshot

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Valhalla
One can only wonder how this story would have played out if his victims had taken responsibility for their own safety and had been carrying.

West Virginia DOES have pretty strong "Castle Doctrine" and "Stand Your Ground" laws to protect people who use deadly force in self-defense of threats of attacks or serious bodily injury...
Women should not attempt to attempt to do such - they will only suffer the consequences.
They should use their cell phone to call the authorities and just give the BG what he wants. extreme sarcasm!

Fight like a cornered cat !! Hell hath no fury.............!

"When a cat feels threatened, she gets away from the danger as quickly as she can. She doesn't care what damage she inflicts on her way to safety, but she's not interested in fighting for fighting's sake. She does only as much as she needs to do in order to escape. She doesn't deal in revenge. If she feels threatened, she simply leaves.

Efficiently.

Until she needs to use them, her claws stay sheathed. She doesn't go around threatening to maul people. She's cuddly, she's cozy, she likes to curl up next to a crackling fire on a cold winter's day. She's great company.
But don't try to trap her in a bad situation."
 

Dreamer

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Sep 23, 2009
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Location
Grennsboro NC
I'm going to be visiting Wheeling for the Holidays, and I was wondering what the status of this lawsuit was, and if any educational or policy changed had been made with the local LEAs with respect to respecting the 1A, 2A and 4A rights of OCers. I plan on carrying a custom ParaOrdnance P-14, and to be honest, I'm not to enamored with the idea of some ham-handed power-tripping Barney Fife manhandling my firearm AND violating my rights as a Christmas present...
 

JSlack7851

Regular Member
Joined
May 10, 2009
Messages
291
Location
, Ohio, USA
I know it will never happen but I would love to see the police officers in question in federal court for violation of the 4th amendment rights of the open carriers.

USC Title 42, Chapter 21, Sub-chapter 1, Sec. 1983, possibly 1985 and 1988 to recover expenses.

It takes deep pockets to get this far, but if the damages are right, it might be worth it.
 

F350

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Mar 22, 2012
Messages
942
Location
The High Plains of Wyoming
Title 18 USC 241 and 242 cost nothing to attempt to implement, go to closest FBI or US Attorney office.

18 USC 241

If two or more persons conspire to injure, oppress, threaten, or
intimidate any person in any State, Territory, Commonwealth,
Possession, or District in the free exercise or enjoyment of any
right or privilege secured to him by the Constitution or laws of
the United States, or because of his having so exercised the same;
or
If two or more persons go in disguise on the highway, or on the
premises of another, with intent to prevent or hinder his free
exercise or enjoyment of any right or privilege so secured -
They shall be fined under this title or imprisoned not more than
ten years, or both; and if death results from the acts committed in
violation of this section or if such acts include kidnapping or an
attempt to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill, they shall be fined
under this title or imprisoned for any term of years or for life,
or both, or may be sentenced to death.
18 USC 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
 

Tucker6900

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Joined
Jul 10, 2008
Messages
1,264
Location
Iowa, USA
I know it will never happen but I would love to see the police officers in question in federal court for violation of the 4th amendment rights of the open carriers.
If these men take it all he way without signing a settlement, we may very well see it.
 

F350

Regular Member
Joined
Mar 22, 2012
Messages
942
Location
The High Plains of Wyoming
If these men take it all he way without signing a settlement, we may very well see it.

Even if they accept a civil settlement they can still pursue the Title 19 action, all they have to do is cross out any sort of confidentiality agreement or agreement not to pursue criminal action.
 

jpauley1980

New member
Joined
Jan 22, 2013
Messages
1
Location
Morgantown
This is preposterous

http://carsontech.webs.com/Gun Laws/WV Gun Carry Pamphlet 8-23-12.pdf

Per Article 3, Section 22 of the West Virginia State Constitution it is legal to carry a handgun with three sides in plain view. I'm not sure that the the "3 sides" is defined there or if that is defined in the concealed carry regulations. It is also defined in §61-7, there is a preemptive clause that prohibits more restrictive municipla regulations than state regulations with the exception of several specific city codes that are grandfathered, which only restricts certain areas in these cities, Charleston, Dunbar and South Charleston.

Other references:

http://www.wvcdl.org/WVCCW.html

http://www.legis.state.wv.us/WVCODE/code.cfm?chap=61&art=7
 
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twoskinsonemanns

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Apr 12, 2012
Messages
2,326
Location
WV
http://carsontech.webs.com/Gun Laws/WV Gun Carry Pamphlet 8-23-12.pdf

Per Article 3, Section 22 of the West Virginia State Constitution it is legal to carry a handgun with three sides in plain view. I'm not sure that the the "3 sides" is defined there or if that is defined in the concealed carry regulations. It is also defined in §61-7, there is a preemptive clause that prohibits more restrictive municipla regulations than state regulations with the exception of several specific city codes that are grandfathered, which only restricts certain areas in these cities, Charleston, Dunbar and South Charleston.

Other references:

http://www.wvcdl.org/WVCCW.html

http://www.legis.state.wv.us/WVCODE/code.cfm?chap=61&art=7
the 3 sides is a myth as far as I have been able to determine.
Art 2 Section 22: Right to keep and bear arms. A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use.

61-7 also does not mention anything about viewed from 3 sides. It defines concealed as....
(10) "Concealed" means hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried. For purposes of concealed handgun licensees, a licensee shall be deemed to be carrying on or about his or her person while in or on a motor vehicle if the firearm is located in a storage area in or on the motor vehicle.
 

spacecoast321

Regular Member
Joined
Jan 9, 2013
Messages
31
Location
Cocoa, Florida, United States
Officer Mathew Kotson has been fired for multiple law violations/accused sex assault

http://wvrecord.com/news/240213-whe...n-civil-rights-suit-accused-of-sexual-assault

filed a domestic violence protective order against him while filing her complaint
first placed on paid leave ... and suspended without pay four days later

cited ... for not having proof of insurance, and a valid motorcycle endorsement
failure to provide proof of insurance carries a mandatory 30-day license suspension
decision to fire Kotson was also based on him driving a cruiser despite the suspension of his license


Well can't see him providing a good witness for the state...
Unable to find an update to the violation of Constitutional Rights case that started all this, anyone?
 
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TFred

Regular Member
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Oct 13, 2008
Messages
7,751
Location
Most historic town in, Virginia, USA
Looks like it's over. No change, just a monetary donation for the violation of civil rights....

http://wvrecord.com/news/257544-wheeling-agrees-to-pay-55k-to-settle-2nd-amendment-suit
How stupid can these people possibly be?

They have just paid $55,000 to settle a lawsuit, and admitted that they aren't going to change the way they operate their department.

Seems to me that's an engraved invitation for Open Carriers to line up in Wheeling for 5-digit payoffs! Wow.

How many OC dinners and lunches will be scheduled for Wheeling in the next six months?

TFred
 

Grapeshot

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Valhalla
How stupid can these people possibly be?

They have just paid $55,000 to settle a lawsuit, and admitted that they aren't going to change the way they operate their department.

Seems to me that's an engraved invitation for Open Carriers to line up in Wheeling for 5-digit payoffs! Wow.

How many OC dinners and lunches will be scheduled for Wheeling in the next six months?

TFred
It is not their money that was paid out - it came from the tax payers pockets. Personal liability is the answer and/or a court order to change policies and procedures.
 

JSlack7851

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Joined
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Messages
291
Location
, Ohio, USA
It is not their money that was paid out - it came from the tax payers pockets. Personal liability is the answer and/or a court order to change policies and procedures.
A happy ending. Monies are also paid out by insurance companies. However if there is a pattern of corrupt activity, coverage won't last long and I would believe LEO have been warned and educated. Let them rattle their sabers, my guess is they got the message...Thanks bb62.
 

bcr229

Regular Member
Joined
Jul 2, 2008
Messages
60
Location
Inwood, West Virginia, USA
It is not their money that was paid out - it came from the tax payers pockets. Personal liability is the answer and/or a court order to change policies and procedures.
I'd bet the city's insurance company probably paid, not the taxpayers, though the taxpayers will eventually get hit with higher premiums. The only way to force a change is to have so many payouts that the insurer eventually drops the city.
 

Grapeshot

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Valhalla
A happy ending. Monies are also paid out by insurance companies. However if there is a pattern of corrupt activity, coverage won't last long and I would believe LEO have been warned and educated. Let them rattle their sabers, my guess is they got the message...Thanks bb62.
Typically liability insurance policies contain a clause denying coverage if the act is illegal. That and many municipalities are self-insuring, saving the insurance premium and the restrictions in the policy - they simply take what is necessary to operate and pay the bills, right back to the tax payer.
 
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