Federal Court Refuses to Dismiss 2A Civil Rights Case Against Police Officers

AmmoLand ^ | September 16, 2024 | Dean Weingarten

[marktwain]

Federal District Judge Joe Billy McDade has refused to dismiss a lawsuit against individual police officers for willful actions to deprive an Illinois man of his Second Amendment rights under 42 U.S.C. § 1983. This civil rights case was filed on February 6, 2024. The plaintiff in the case is ROBERT K. KUHLMAN; the Attorney representing Mr. Kuhlman is David Sigale. David Sigale has had considerable success in representing clients in Second Amendment cases.

According to court documents, on July 17, 2023, Mr. Kuhlman’s mother called him and the police about an alleged trespasser who would not leave her home. The trespasser was acting strangely. Kuhlman arrived at the home. He asked the intruder to leave. The intruder started to reach into a bag. Mr. Kuhlman drew his pistol and held the intruder for police. The incident occurred in Normal, Illinois.

Police arrived and searched the intruder, asked for and received Mr. Kuhlman’s handgun, then returned it to him. They transported the intruder to a facility for mental evaluation. They did not arrest or charge Mr. Kuhlman.

Later, one of the police officers, Officer Nicholas Hines, and his supervisor, Officer Serena Cunningham, filed a report to the Illinois State Police, contending Mr. Kuhlman was a “clear and present danger” to himself and others. Mr. Kuhlman had his Firearms Owner Identification Card and his Concealed Carry License revoked. Mr. Kuhlman claims the report included significant and deliberate factual errors, resulting in the loss of his Second Amendment rights.

The State of Illinois attempted to grant legal immunity to law enforcement as they are required to report on gun owners. The immunity to make false claims under the Firearms Owners Identification Act applies to several different occupations, as listed below. From the order and opinion:

[marktwain]

No immunity for police officers who knowingly violate your Second Amendment rights under color of law.

[eyeamok]

significant and deliberate factual errors

But is a Civil Suit good enough? I SAY NO. The officer willfully and knowingly Violated his OATH and deserves Serious Prison Time for this blatant Deprivation of Rights as well as Felony Perjury and Fraud.

[logi_cal869]

Many details absent. I get that the article is about the immunity claims, but this appears to be merely scratching the surface of a corrupt department which lies on official reports to achieve political goals. Say that they lose the 2A case: What changes? Nothing.

Given the current state of the federal DOJ, who the hell would investigate a corrupt agency aligned with federal ideology?

Smells like rubber hose time...

[OldGoatCPO]

Not going to get that in Illinois. I suspect there will be a push for an undisclosed settlement. My hope is they would not take it. If a cop sees their earnings garnered for decades because they violate someone’s 2A rights, other cops may think twice about violating citizens rights under the Constitution.

[marktwain]

I suspect there will be a push for an undisclosed settlement.

A settlement seems the most likely outcome to me. However, there are often training requirements for officers in cases such as this.

The existence of a case where a federal court states officers do not have qualified immunity for violating Second Amendment rights cannot be hidden.

Civil rights lawyers and Second Amendment lawyers monitor these type of cases. Sigale is an excellent attorney who has won several other Second Amendment cases. I have talked to him and seen him speak several times.

[antidemoncrat]

Seems to me do not use your legal fire arm to protect yourself or others or you then become a criminal. This smells like the Lefts’ plans to disarm America to ensure the safety of criminals. gang bangers and illegal aliens when they attack people but not law abiding citizens.

[OldGoatCPO]

I would really like to see some case law come out of this. If any cop violates anyone's Constitutional Rights they should be liable. Cops are public employees, paid by the public through taxes and fees. In this case it sounds like these two cops needlessly violated this man's 2A rights. I don't think Mr. Sigale would have taken the case if it was frivolous. Frivolous 2A cases actual hurt gun owners.