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Old 01-12-2011, 12:03 PM
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cmort666 cmort666 is offline
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Location: Rocky River, OH, USA
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Quote:
Originally Posted by Lost Lake View Post
Expensive for who?
For the respondents in the civil suits.

False arrest is a civil tort, with compensatory and punitive damages. And I don't know about Wisconsin, but in Ohio, LEOs are NOT indemnified for punitive damages. Show contempt for the law all you want, but if you do, you do it on your own dime. That of course doesn't confer any immunity on the city and department for their failure to supervise, etc.

In Ohio, by law, if LEOs mess with somebody for legal concealed carry, they and the city are on the hook for the victim's legal fees. And that's COMPLETELY apart from any awards for compensatory or punitive damages. That should count for legal open carry too. I'll have to suggest that for the OFCC's "to do" list for the coming legislative session.

The law is the law. It's as simple as that. When somebody falsely arrests you merely because they don't LIKE a perfectly lawful activity, that's both a crime and a civil tort. You don't discourage bad behavior by giving it the wink and the nod. That's the case with armed robbery and intentional false arrest.