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Looks like a very clear case. I suspect the city will settle.
1 posted on 09/22/2011 8:45:26 AM PDT by marktwain
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To: marktwain

the settlement should also include a “continuing education” course for all Zoo employees to ensure this does not happen again.


2 posted on 09/22/2011 8:51:21 AM PDT by corkoman (Steadfast and Loyal)
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To: marktwain

—After he left, according to the police report, zoo staff told the officers that Magenheimer’s attitude was intimidating —

Was that before or after the staff and police told him to stop doing something that he had every right to do. Were they intimidating him first?


3 posted on 09/22/2011 8:58:42 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: marktwain

Go get `em Ben.

IC 35-47-11.1-5
Civil actions concerning political subdivision violations
Sec. 5. A person adversely affected by an ordinance, a measure, an enactment, a rule, or a policy adopted or enforced by a political subdivision that violates this chapter may file an action in a court with competent jurisdiction against the political subdivision for:
(1) declarative and injunctive relief; and
(2) actual and consequential damages attributable to the violation.
As added by P.L.152-2011, SEC.4.

IC 35-47-11.1-6
Civil actions; adversely affected persons
Sec. 6. A person is “adversely affected” for purposes of section 5 of this chapter if either of the following applies:
(1) The person is an individual who meets all of the following requirements:


(A) The individual lawfully resides within the United States.
(B) The individual may legally possess a firearm under the laws of Indiana.
(C) The individual is or was subject to the ordinance, measure, enactment, rule, or policy of the political subdivision that is the subject of an action filed under section 5 of this chapter. An individual is or was subject to the ordinance, measure, enactment, rule, or policy of the political subdivision if the individual is or was physically present within the boundaries of the political subdivision for any reason.
(2) The person is a membership organization that:
(A) includes two (2) or more individuals described in subdivision (1); and
(B) is dedicated in whole or in part to protecting the rights of persons who possess, own, or use firearms for competitive, sporting, defensive, or other lawful purposes.
As added by P.L.152-2011, SEC.4.

IC 35-47-11.1-7
Civil actions; recovery of damages, costs, and fees
Sec. 7. A prevailing plaintiff in an action under section 5 of this chapter is entitled to recover from the political subdivision the following:
(1) The greater of the following:
(A) Actual damages, including consequential damages.
(B) Liquidated damages of three (3) times the plaintiff’s attorney’s fees.
(2) Court costs (including fees).
(3) Reasonable attorney’s fees.
As added by P.L.152-2011, SEC.4.


4 posted on 09/22/2011 8:59:50 AM PDT by tumblindice (Moderates like McCain and Dole do one thing well: dignified concession speeches. M. Steyn)
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To: marktwain

I fear the armed man who hides his weapon; far more than I fear the man with his weapon holstered, in plain view.

One man is a potential threat, the other a potential hero.


5 posted on 09/22/2011 9:03:47 AM PDT by Hodar ( Who needs laws; when this FEELS so right?)
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To: marktwain

:: When one of the officers asked him to conceal the weapon, the man refused and “started getting loud and causing a scene,” according to the report ::

Well, YEAH!

The officer asked this guy to violate the concealed carry rules in Indiana. I’d get obnoxious too!


8 posted on 09/22/2011 10:16:48 AM PDT by Cletus.D.Yokel (Islam is a violent and tyrannical political ideology and has nothing to do with "religion".)
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To: marktwain

Do these same city libtards go apeshiite when they see a police officer who is carrying unconcealed? Do they scream in dire fear if they see a police detective (who is typically dressed in street clothes) wearing an unconcealed fire arm?

Fricking IDIOTS!

“An armed society is a polite society.” ~ Robert A. Heinlein


9 posted on 09/22/2011 10:33:00 AM PDT by ExTxMarine (PRAYER: It's the only HOPE for real CHANGE in America!)
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