TriggerFinger


Tackling little old ladies is bad for your pocketbook...


It seems that Patricia Konie, who was tackled by a cop on national TV as they "evacuated" her from her home in New Orleans, has decided to sue.  I don't blame her.  In addition to confiscating her legally-owned firearm, they broke and dislocated her shoulder. 

Hat tip on this one to The Smallest Minority, Ravenwood, SaysUncle, Standard Mischief, and the Geek.  But if they are going to beat me on timing, I'll have to swamp them with details... 

Luckily, the Louisiana Courts have the appropriate infrastructure for me to offer detailed ongoing coverage of this case.  I was able to obtain the complaint in PDF format, though I won't be posting that as it contains the plaintiff's home address.  However, there are some damn good quotes therein, and I will gleefully excerpt those.  Here's the meat:
On September 8th, 2005, defendants, acting under color of State law in an official capacity, and in violation of federal and state law, wrongfully trespassed on premises legally occupied by plaintiff at [address withheld], and committed the following additional torts against plaintiff, her person and her property:

a) Assault and battery, including using excessive force under the circumstances;

b) False imprisonment by illegally taking plaintiff into custody and transporting her to South Carolina, from which she did not return to New Orleans until October 13th, 2005;

c) Intentional infliction of emotional distress; and

d) Conversion of legally owned property, to wit, a chrome 32 caliber Colt Revolver, with a pearl handle, which has not been returned to plaintiff.

By virtue of having committed the above-identified torts against plaintiff and her property, defendents violated rights, privileges, and immunities guaranteed to plaintiff under the Second, Fourth and Fourteenth Amendments of the United States Constitution, all in violation of 42 USC 1983.

In addition, certain of the defendents conspired to deprive plaintiff of rights, privileges and immunities guaranteed to plaintiff by the United States Constitution, all in violation of 42 USC 1985.

Further, certain of the defendants, who had full knowledge of their colleagues' conspiring to violate, and actually violating, plaintiff's constitutional rights, and committing torts against plaintiff's person and property, failed to intervene, all in violation of 42 USC 1986.

Defendants' acts and omissions were practiced with malice and/or with reckless disregard for plaintiff's federally protected rights, as well as her rights under state law.

As a direct result of the above-described tortious and illegal conduct by defendants, plaintiff sustained severe and disabling personal injuries, including injuries to her face, nose, left eye, left shoulder, left arm, and chest, among other injuries to her mind and body, for which surgery may be necessary, and causing plaintiff excruciating pain, suffering, mental anguish, humiliation, and embarassment.

Y'know, just as a hunch, I don't think letting the news cameras in to record the incident was wise of the officers involved.

The defendents in the case are:

  1. The State of Louisiana and its agency and instrumentality;
  2. The Louisiana State Police;
  3. The State of California and its agency and instrumentality;
  4. The California Highway Patrol; and their employees.
The identities of the specific defendants are not known (cited as John Doe and Richard Roe).

Folks, we have a jackbooted-thugs-gun-confiscation case headed to court with a sympathetic plaintiff making 2nd Amendment claims.

Let me say that again.  The significance may not be immediately clear.

WE HAVE A SECOND AMENDMENT CLAIM AGAINST  JACKBOOTED THUGS KICKING DOWN DOORS AND CONFISCATING LEGALLY-OWNED FIREARMS FROM LITTLE OLD LADIES ON CAMERA.

Why, yes, I will be following this case in detail.

And speaking of which, the complaint (which was filed 11/30/2005) is not the only action in the case.  The court has issued a summons for the defendants.

The case is before Judge Martin Feldman and Magistrate Judge Daniel Knowles III.

UPDATE: There is still video of the incident available, and The Smallest Minority has some more information about Konie's choice of legal counsel.


This entry was published Sun Dec 18 17:58:06 CST 2005 by TriggerFinger and last updated 2005-12-18 17:58:06.0. [Tweet]

comments powered by Disqus

Subscribe to Atom Feed

I am not a lawyer, and nothing on this site should be taken as legal advice.

This site is run on custom blog software and is being actively developed. Please be forgiving of errors.


This website is an Amazon affiliate and will receive financial compensation for products purchased from Amazon through links on this site.