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by Charles L. Cotton
Tue Jun 02, 2015 7:30 pm
Forum: 2015 Legislative Session
Topic: What are your "complaint" options?
Replies: 61
Views: 26878

Re: What are your "complaint" options?

Federal district courts write opinion-type judgments, but the have no impact on other cases. Hopefully, this case will be appealed.

Chas.
by Charles L. Cotton
Tue Jun 02, 2015 10:04 am
Forum: 2015 Legislative Session
Topic: What are your "complaint" options?
Replies: 61
Views: 26878

Re: What are you "complaint" options?

If someone has a problem with harassment, then they CAN file a §1983 action against the officer and the city or county. They need to be respectful and calm, i.e. no video screaming about their rights or police harassment. Trial lawyers know the "Fat, Ugly Plaintiff Rule" is very real and it has nothing to do with one's size or appearance. If the jury doesn't like you, they will look for a way to make sure you lose.

It will take years for such a case to make its way through the federal court system and the 2017 Texas legislative session will be long over by the time the plaintiff/complainant sees a final judgment.

No court is likely to certify such a claim as a class action suit.
Chas.
by Charles L. Cotton
Tue Jun 02, 2015 9:42 am
Forum: 2015 Legislative Session
Topic: What are your "complaint" options?
Replies: 61
Views: 26878

Re: What are you "complaint" options?

amtank wrote:How about doing a little community outreach with Sheriff, Police, City Council, County Court etc... Vs. Hiding your head in the sand and seeing which way it goes.
What do you mean by "community outreach?" Do you mean typical OCT tactics? "Hiding your head in the sand . . ." Don't go there; that sells on the OCT Facebook page, but not here.
amtank wrote:I may not be The Charles Cotton . . .
What's that comment supposed to mean?
amtank wrote:. . . but I certainly will impress upon the Chief, who I have a good working relationship, that OC's should not be stopped at all. (For the doubters, I have that relationship because of my regional leadership with one of the Open Carry groups)
Which open carry group?
amtank wrote:I'll give you a hint. Houston, Austin, San Antonio, and Dallas are all going to go overboard.
I suspect you are right about Austin and you may or many not be right about the other cities, only time will tell. If there are abuses, then the legislature will be much more inclined to address the problem in 2017, especially since it was willing to trust law enforcement this session. Nothing makes a person or a legislature madder than being betrayed by someone or some community that you trusted and that you supported. Open-carry has the potential to become a non-issue as has concealed-carry if people act responsibly. However, if OCT decides to be confrontational rather than diplomatic, then the legislature will be less inclined to fix the problem. OCT tactics made sure that unlicensed open-carry is a dead issue for years to come. Unfortunately, confrontation was become the hallmark of OCT and especially CJ Grisham and it's hard to change that image in the public eye. I'm not saying that all OCT "members" are confrontational and I'm sure they are not. Unfortunately, all it takes is a handful of firebrands to get in front of TV cameras to give the general public the impression that they are representative of the entire organization. Statements that have been made by Grisham and other OCT members give the impression that they are waiting for for an incident so they can pounce on it. If they do, it will be to stay in the media eye rather than to solve a problem.

Chas.

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