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No Qualified Immunity for Officer in Arrest of Licensed Gun Carrier
AmmoLand ^ | August 14, 2024 | Dean Weingarten

Posted on 08/19/2024 4:07:38 AM PDT by marktwain

A three-judge panel in the Court of Appeals for the Second Circuit has delivered a critical decision affirming Fourth Amendment protections and the right to keep and bear arms.

On November 12, 2018, Basel Soukaneh’s life was significantly disrupted. Soukaneh was looking for a house he was considering purchasing, but the GPS on his phone, held in a holder on the dash of his car, had frozen. He was unfamiliar with the area. Soukaneh pulled over to correct the problem, left the engine running, and had the interior lights on.  A Waterbury police officer quickly knocked on his window and demanded to see his driver’s license. Soukaneh handed him the license and his legal concealed carry permit, then told the officer where his firearm was located in the vehicle.

The officer, Nicholas Andrzejewski, grabbed Soukaneh, dragged him from the car, and violently handcuffed him, causing significant pain. Andrzejewski then stuffed Soukaneh in the back of his police car and searched Soukaneh’s car, including the trunk. Several other officers came to the scene. One of them put Soukaneh in an upright, seated position instead of where Andrzejewski had stuffed him, with his head near the floor. After another half hour, he was released. It is not clear if he was charged with a traffic violation.

Soukaneh sued Officer Andrzejewski for deprivation of rights under the color of law.  Andrzejewski claimed he had qualified immunity because of the presence of a firearm and firearm permit that he legally possessed. The District Court denied qualified immunity to permit the lawsuit to move forward.

Andrzejewski appealed the case to the Court of Appeals for the Second Circuit. The three-judge panel affirmed the District court’s decision. At this point, the case has precedential value

(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: 2ndcircuit; 3judgepanel; 3to0; banglist; bethrobinson; bidenjudge; clintonjudge; ct; dconnecticut; euniceclee; gerardelynch; janetbondarterton; obamajudge; permit; police; secondcircuit; threejudgepanel
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The Second Circuit is one of the least friendly to the Second Amendment. They found the officer did not have qualified immunity.
1 posted on 08/19/2024 4:07:38 AM PDT by marktwain
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To: marktwain

I support law enforcement..... but that was a BIG MISTAKE!


2 posted on 08/19/2024 4:13:53 AM PDT by high info voter (Delivery )
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To: high info voter

I support punishment for this officer to the full extent of the law and then a civil lawsuit afterwards for that. A message needs to be sent through example to ALL police departments under the jurisdiction of the United States to NEVER do that again. Ever.


3 posted on 08/19/2024 4:16:32 AM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: marktwain
During discovery, such things as timelines, body camera footage, radio traffic, and dispatcher-to-officer conversations may become known. It seems likely Officer Andrzejewski may be significantly, personally, penalized. Because the court has ruled the officer does not have qualified immunity, he may not be supported by the police department. When officers do not have qualified immunity, they have incentives to behave differently.

Emphasis in original. Police exceeding their authority and abusing We the People will end when individual public servants feel the pain personally. If The System doesn't provide justice, justice will be found outside The System.

A simple rule: A group that does not police itself will be policed, and they won't like it.

4 posted on 08/19/2024 4:17:17 AM PDT by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: marktwain
A civil case is not enough. The officer should have been arrested for assault etc.
5 posted on 08/19/2024 4:24:40 AM PDT by thegagline (Sic semper tyrannis! Trump & Vance, 2024! (Formerly) Goldwater & Thomas Sowell in 2024)
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To: marktwain

More details here
https://www.forbes.com/sites/nicksibilla/2021/09/15/court-rejects-qualified-immunity-for-cop-who-arrested-gun-owner-carrying-valid-permit/


6 posted on 08/19/2024 4:27:56 AM PDT by silverleaf (“Inside Every Progressive Is A Totalitarian Screaming To Get Out” —David Horowitz)
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To: high info voter

I got pulled over with my cpl.

Officer said I rolled a stop sign which I totally did and informed me I had a tail light out.

Pretty light hearted. He asked me, any weapons in the car Mr. CPL holder?”

Then he went to his car and came back. He asked me “Is there any reason I shouldn’t let you be on your way?”. I was confused for a second then said NO.

He then told me the points and $250 fine penalties before handing my info back and saying have a good day.

I went straigt to the auto parts store and changed the bulb in the parking lot.


7 posted on 08/19/2024 4:28:00 AM PDT by WeaslesRippedMyFlesh (there will come a day when FR rejects articles from the NYT, et al. as "Commie trash, no thank you")
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To: marktwain

Are the Federal courts finally waking up to the fact that the words “keep and bear” and “shall not be infringed” mean something? Of course the courts in certain states (New York and Massachusetts,for example) still have complete contempt for 2A.


8 posted on 08/19/2024 4:32:32 AM PDT by Gay State Conservative (Import The Third World,Become The Third World)
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To: Gay State Conservative

Most courts are following the guidance from the Supreme Court. There are several states and a few Circuit Courts of Appeal which are doing their best to defy the Supreme court and delay cases, hoping Harris is elected president and can appoint judges or pack the Court to reverse the Supreme Court decisions.


9 posted on 08/19/2024 4:40:47 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: marktwain
In 2016 SCOTUS reviewed a case called "Caetano v Massachusetts". Caetano had been found to possess a stun gun by a Massachusetts cop and was arrested for it. She was tried and convicted of a felony. She appealed on 2nd Amendment grounds.

Massachusetts appeals courts...including the state's highest court...ruled that stun guns weren't protected by the 2nd Amemendment and upheld the conviction.

SCOTUS voted 9-0 to overturn the conviction,ruling that the law in question violated 2nd Amendment rights. In the decision's narrative the justices noted that the reasoning used by state's Supreme Court to uphold the law was "frivolous".

When it comes to many,many things in my home state our politicians...and judges...give new meaning to the word "frivolous".

10 posted on 08/19/2024 4:57:16 AM PDT by Gay State Conservative (Import The Third World,Become The Third World)
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To: MeneMeneTekelUpharsin
I support punishment for this officer to the full extent of the law and then a civil lawsuit afterwards for that.

👍👍👍👍👍

11 posted on 08/19/2024 4:59:00 AM PDT by Mark17 (Retired USAF air traffic controller. Father of USAF pilot. Both bitten by the aviation bug)
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To: WeaslesRippedMyFlesh

In many places the Ccw/cpl becomes a get out of jail free card. The cop realizes that you are an above average citizen and gives you extra credit.


12 posted on 08/19/2024 4:59:31 AM PDT by cyclotic (Don’t be part of the problem. Be the entire problem)
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To: marktwain

What is qualified immunity?


13 posted on 08/19/2024 5:01:56 AM PDT by bert ( (KE. NP. +12) Where is ZORRO when California so desperately needs him?)
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To: WeaslesRippedMyFlesh
Every bulb eventually burns out.....and there's no reason to punish drivers when that happens!

Maybe they should fine the bulb manufacturer for the money they want to get???

14 posted on 08/19/2024 5:24:14 AM PDT by high info voter (Delivery )
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To: bert
"What is qualified immunity?"

Being a member of Blackrock/Deep State; no court will convict you, nor will you be treated like Trump, Jan6er's, or white males.

15 posted on 08/19/2024 5:30:51 AM PDT by traditional2 ("Is it them, again, Yogi?")
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To: high info voter

Just bought an old, obviously used, car and one of the first things on the list to do after an oil change was to replace every bulb with Sylvania silver star bulbs. Saved a few that I replaced in the MacGyver bag (tool bag) in the trunk.

“Oh, bulb out? No problem.I have a spare right here. I’ll get right on that officer =)”

Never give them an excuse


16 posted on 08/19/2024 5:35:48 AM PDT by Z28.310 (does not comply well with others)
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To: NorthMountain

Leftists exist in all areas of society. LEO, too. I know.

This is no exception, and he has been judged.

No sworn officer without a leftist bent would ever treat an armed lawful citizen in such a manner and he deserves all that’s coming to him.


17 posted on 08/19/2024 5:53:42 AM PDT by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
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To: high info voter
From the post you were replying to (emphasis added) ...

Officer said I rolled a stop sign which I totally did and informed me I had a tail light out.

... you seem to be worked up that he pulled him over - why? He let him go for both violations.

As for the light: Tires wear out. Brakes wear out. Windshield wipers wear out. When these things stop working properly they make the car dangerous to operate - just like burnt out bulbs. If you don't check them regularly feel free to eat a ticket. It is very easy to do - when you pull in at a glass front store cycle through your lights; at the next store back in and do it again. At the stop light use the reflection from the pickup truck or van in front of you to check.

For my part, I have been pulled over for having a light out, but have never been issued a ticket. The officer let me know to fix it but didn't care about the light; it was an appropriate reason to do a sobriety check at ~0230. In another instance I showed the officer the bulb I had purchased earlier that day after checking light functions in store glass.

18 posted on 08/19/2024 6:02:22 AM PDT by 70times7 (Serving Free Republic's warped and obscure humor needs since 1999)
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To: cyclotic

My wife was with me when I got pulled over twice for minor speeding violations, 5-10 over. I was merrily sent on my way with no ticket or warning. She was dumbfounded

She later received a ticket for 34 in a 30 zone. The judge dismissed it but she had to waste her time in traffic court.

What you say has merit.

EC


19 posted on 08/19/2024 6:05:21 AM PDT by Ex-Con777
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To: WeaslesRippedMyFlesh

“He then told me the points and $250 fine penalties...”

A chicken-shit power mad prlck...has no business being a cop. Just tell him about light and maybe warning about suburban stop.


20 posted on 08/19/2024 6:14:16 AM PDT by Bonemaker (invictus maneo Un)
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