BREAKING: Ohio Open Carrier Sues City for $3.6 Million After Being Illegally Detained, Disarmed, and Charged
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According to a report in mydaytondailynews.com, the city of Dayton, OH is going to have to defend itself against a $3.6 million lawsuit for alleged misconduct by its officers.
Roy Call, an Ohio resident, was openly carrying his XDM .40 handgun in a holster on his belt when he went to a local convenience store around 4:30am on Aug. 12, 2012.
During his visit to the store, Mr. Call was approached by officers, who said they were responding to a call about a man with an openly displayed gun.
Call refused to identify himself or provide any identification (not a crime). Once officers discovered his ID and CCW permit in his truck nearby (possibly during an illegal search), he was set free, but was still charged with obstruction of justice, a charge which was dropped a couple of months later.
A little background:
– Openly carrying a firearm is legal in many states, including Ohio, and in fact, does not require a license at all in many of those states.
– Courts, including the Supreme Court of the Unites States, have repeatedly ruled that the mere presence of a firearm is not sufficient reason to detain someone.
– Mr. Call asked an officer if he was free to go at one point, to which he was told “No”. This legally constitutes a detention by law enforcement.
According to MyDayotnDailyNews.com,
The suit asks for $600,000 for compensatory damages for “emotional trauma” and other factors and for $3 million in punitive damages for the “willful, callous and malicious conduct” of the defendants. Call’s attorney, Charles E. McFarland of New Castle, Ky., said: “I normally do not comment on ongoing cases to the media, but believe that the complaint speaks for itself.”
Chief [of Police Mark] Reiss added: “With carrying a firearm openly, there also comes responsibility with that. People should realize that they may, given a certain set of circumstances, draw the attention of law enforcement. A responsible person would just identify themselves if there’s a brief check to be done and then they would be on their way.”