HALLELUJAH !!!!!! I GOT MY CHL BACK!!!!!

[Stomper]

ha ha.... if they DO become public, you should post them allllllllllll over the internet. It would only be "fair".

 

[duginsky]

How did the DA handle his filing a false police report against you?

 

[Gunner3456]

ha ha.... if they DO become public, you should post them allllllllllll over the internet. It would only be "fair".

Funny. The way that works is the judge reviews the files and releases only what is relevant, and only for the duration of the trial. They can't be removed from the courtroom. After the trial, they are sealed. They are temporarily "public" only to the parties and the judge and jury and anyone in the audience.

Besides, I want to be Mr. Clean, not another obnoxious spoiler.

 

[Stomper]

Oh... so now I'm OBNOXIOUS, huh? FINE!!!!

 

[Gunner3456]

How did the DA handle his filing a false police report against you?

He did nothing. I still think it's a brotherhood. However, I will include it in my complaint to dpsst.

From the list of disciplinary actions just this year, it would appear that dpsst doesn't protect cops.

 

[Gunner3456]

He did nothing. I still think it's a brotherhood. However, I will include it in my complaint to dpsst.

From the list of disciplinary actions just this year, it would appear that dpsst doesn't protect cops.

Update. I got a call from a really nice guy in Salem today. He is very interested and concerned. He sent me a complaint form today, asked me to fill it out and return it to him, and assured me he wouldn't get ignored as I was when I complained locally.

 

[mccullogh]

Congrats Gunner. I am sure your attorney will already be thinking about this but I would be surprised if he did not use public resources for some portion of his actions against you, calling on a department phone or computer maybe even filing paperwork on the clock. I applaud you for not wanting to sue the department but it sounds like this guy needs to find a different line of work and a little extra pressure may be what is needed to make that happen. It's funny how a couple of lawyers can get into the middle of things a really shake everything up.

Good Luck

 

[Gunner3456]

Congrats Gunner. I am sure your attorney will already be thinking about this but I would be surprised if he did not use public resources for some portion of his actions against you, calling on a department phone or computer maybe even filing paperwork on the clock. I applaud you for not wanting to sue the department but it sounds like this guy needs to find a different line of work and a little extra pressure may be what is needed to make that happen. It's funny how a couple of lawyers can get into the middle of things a really shake everything up.

Good Luck

Thanks. I don't know how serious a charge that would be, but I'll check into it. We can serve a subpoena duces tecum and ask for those records but we might get lied to. I have two main things in progress - the complaint with the State wonderfully suggested by a member here and I'm getting a lot of cooperation there, and the lawsuit. His biggest problem with the State is that he lied to the court and it's easy to prove.

 

[Pauly]

Congrats on walking away from this thing whole, although I'm sure you're getting tired of hearing "sweet! you totally won!" since in these things its basically "Yea, I almost got mauled by a bear, but I managed to distract him and he just mauled my bank account instead"

If you're smart, sly as a fox & you research like a SOB it doesn't have to hurt your bank account.

And damaged you it did!

I bet us poor ones wouldn't have fared so well.

Goodluck!

In many cases charisma of a high status attorney & the threat of a long drawn out precedent setting legal battle will deter a prosecution. True.

However, if a person is truly resourceful, they can study the laws & precedents to prevail themselves.
Now, contrary to popular belief, all men really aren't created equal, so for most, & I mean the VAST majority of people, hiring counsel is the best course of action.

I had to sue Multnomah county to get my CHL.
All the information is out there, it's just very time consuming to find it & you only have one chance to get it right.
If one cannot afford counsel, filing fees are only a couple hundred bucks. It's better to research & give it your best shot rather than just bend over & take it.

Congrats on your victory.

 

[Gunner3456]

If you're smart, sly as a fox & you research like a SOB it doesn't have to hurt your bank account.



In many cases charisma of a high status attorney & the threat of a long drawn out precedent setting legal battle will deter a prosecution. True.

However, if a person is truly resourceful, they can study the laws & precedents to prevail themselves.
Now, contrary to popular belief, all men really aren't created equal, so for most, & I mean the VAST majority of people, hiring counsel is the best course of action.

I had to sue Multnomah county to get my CHL.
All the information is out there, it's just very time consuming to find it & you only have one chance to get it right.
If one cannot afford counsel, filing fees are only a couple hundred bucks. It's better to research & give it your best shot rather than just bend over & take it.

Congrats on your victory.

My filing fees were $1,100. Double because I sued the officer and his wife who is involved. So far my service fees are $140. You don't even want to know what my attorney's fees are so far for all of the actions these people brought against me, all of which I prevailed, and for this lawsuit so far. You don't even want to know what it cost to get my CHL back. As I mentioned, my attorney charges $425 an hour.

Now things get interesting. I filed and they were served on July 12. They have not answered. That was verified two ways yesterday. There is no record on file that they answered, and there is no record that they paid to answer. They had 30 days. Today we file for a default judgment. If we win that, all that's left is for a jury to hear the facts as we stated them, and to decide if and how much money they owe. I can't believe their attorney failed to answer.

I hope the judge follows the law and cuts them no slack.

 

[Father of four]

Good luck Gunner3456!

 

[simpleguy]

I cannot imagine ever not having my CHL........I feel naked when I leave home without a firearm, which is WAY RARE. I am not sure how comfy I will be on my next trip to the sandwhich islands when I won't be able to carry.........makes me wish we'd go to Florida.......

 

[Gunner3456]

Good luck Gunner3456!

Thanks! We filed for the default judgment today. As a matter of law, I should now be the prevailing party, although we all know that you can't predict what a judge will do. I should know within a couple of weeks. If he denies it, and he shouldn't, we'll go straight to the Appellate Court.

The opposing attorney was mailed a copy today and he's going to get a big shock tomorrow or the next day. His E and O insurance company will have to be immediately notified.

Guess what? We now found some deep pockets, to boot.

Time will tell...

This has turned from a nightmare into a bit of fun here.

 

[drew]

Thanks! We filed for the default judgment today. As a matter of law, I should now be the prevailing party, although we all know that you can't predict what a judge will do. I should know within a couple of weeks. If he denies it, and he shouldn't, we'll go straight to the Appellate Court.

The opposing attorney was mailed a copy today and he's going to get a big shock tomorrow or the next day. His E and O insurance company will have to be immediately notified.

Guess what? We now found some deep pockets, to boot.

Time will tell...

This has turned from a nightmare into a bit of fun here.

Yeah, a lawyer allowing his clients to lose a suit by failing to respond to a filing is really bad.

 

[Gunner3456]

Yeah, a lawyer allowing his clients to lose a suit by failing to respond to a filing is really bad.

Yeah, especially a million dollar suit. Even the court clerk was shocked. She said she'd never seen one like this before, from an attorney. Time will tell.

 

[mccullogh]

Thanks. I don't know how serious a charge that would be, but I'll check into it. We can serve a subpoena duces tecum and ask for those records but we might get lied to. I have two main things in progress - the complaint with the State wonderfully suggested by a member here and I'm getting a lot of cooperation there, and the lawsuit. His biggest problem with the State is that he lied to the court and it's easy to prove.

I know you are correct that the charges are minor but my understanding is that if he was on the clock or otherwise using department resources that will further expose them to this mess. I am sure they won't be happy with his actions and this may be enough to turn his HR and legal departments against him.

I am glad this is working out for you.

 

[Misterbill]

Congrats Gunner. and on behalf of people everywhere who will benefit from your standing up and slapping down this asshat, THANK YOU. I know it won't help you financially, but I for one am grateful.

 

[22many]

Gunner3456, any new updates? I would like to at least keep this thread on the first page so it's not forgotten.

 

[Gunner3456]

Thanks. Nothing now that I can discuss except that the $1 million dollar lawsuit is still in progress (public record) and other things are being done by my attorney. Believe me, it's still being pursued.

 

[gaijinsamurai]

Great to hear, Gunner. Having once been a LEO, I know that the connections and power can corrupt an officer, if they lack a strong ethical code to begin with. I congratulate you on your victory, and hope he'll be held fully accountable.