NJ does it again - another LEOSA case

[adwjc]

Once again, a NJ judge shows how ignorant and intolerant they are of any law they don't like.

It seems as though there is very little vetting involved in the nomination and assignment of these people. Perhaps they have to mirror the ideology of those in power, to the exclusion of actual qualifications.

Case in point, what should have been a clearly seen LEOSA exemption from the draconian gun laws in NJ, took over three years to wend its way through the state appellate process, where they found the trial judge erred in her interpretation of LEOSA, stating she was tripped up by the intricacies of that law and erroneously relied on a Federal BOP memo for guidance.

Dana R. Johnson was convicted on unlawful possession of her Glock pistol and served three years in state prison, when the appellate decision was announced, she was already in a halfway house pending release.

Obviously, the judge is incompetent (tellingly the appellate court withheld her name).

Next question - why was she prosecuted; shouldn't the prosecutor know the law they are charging her with?

Looks like lawsuit time, best of luck to Ms. Johnson

N.J. court wipes out gun conviction of federal officer over error by trial judge

 

[LoboGunLeather]

Meanwhile, 3 years incarcerated, career ended, no pension plan or benefits, probably dead broke (hence the Public Defender handling the appeal case), zero prospects for starting over.

Trial judge still on the bench building up the retirement fund, spending weekends and holidays comfortably, no adverse consequences, clear skies and sunshine.

Yup, lawsuit time. Probably an out-of-court settlement with another attorney cashing in for 40%, and the taxpayers picking up the tab. Again.

 

[John_M52]

IDK a lot to digest in the story. It is my understanding that LEOSA does not apply to corrections officers because you have to be sworn, carry a firearm on duty AND have arrest powers. Not looking for a fight here but jail guards usually don't qualify. Interestingly Coast Guard falls under LEOSA, but not CO's. But not claiming to be up to date. Seems like there is a bit more to the story. NYC had to pay out millions when they kept trying to deny LEOSA rights.

 

[robertrwalsh]

Actually CA Correctional Officers do, though BOP do not, or at least did not when I retired nearly 18 years ago. Clearly something changed down the road or they would not have voided her conviction. I strongly suspect that she has some money coming somewhere. It is ALMOST impossible to successfully sue a sitting judge for a legally permissible discretionary decision. However it seems that this one was maybe-probably not legally permissible.

 

[adwjc]

NJ LEOSA story

IDK a lot to digest in the story. It is my understanding that LEOSA does not apply to corrections officers because you have to be sworn, carry a firearm on duty AND have arrest powers. Not looking for a fight here but jail guards usually don't qualify. Interestingly Coast Guard falls under LEOSA, but not CO's. But not claiming to be up to date. Seems like there is a bit more to the story. NYC had to pay out millions when they kept trying to deny LEOSA rights.

John, there is a lot more if you read the news coverage of this case. It was a classic DV complaint, alleged victim claimed the gun was pulled on her then admitted on the stand that she lied.

Also, BOP official testified that Johnson was considered a law enforcement officer, had some arrest powers and qualified annually with a firearm.

 

[adwjc]

Meanwhile, 3 years incarcerated, career ended, no pension plan or benefits, probably dead broke (hence the Public Defender handling the appeal case), zero prospects for starting over.

Trial judge still on the bench building up the retirement fund, spending weekends and holidays comfortably, no adverse consequences, clear skies and sunshine.

Yup, lawsuit time. Probably an out-of-court settlement with another attorney cashing in for 40%, and the taxpayers picking up the tab. Again.

A sore point with me, these state judges get a 100% pension, totally non contributary. The NJ State Supreme court heard a challenge to the pension law enacted in 2011, where pensioners in all state pension plans were victimized by the cancellation of their COLA, as well as the contribution rates increased across the board.

The Supremes upheld the law but affirmed that their (judges) pensions would remain as they were.

 

[adwjc]

NJ LEOSA story

Actually CA Correctional Officers do, though BOP do not, or at least did not when I retired nearly 18 years ago. Clearly something changed down the road or they would not have voided her conviction. I strongly suspect that she has some money coming somewhere. It is ALMOST impossible to successfully sue a sitting judge for a legally permissible discretionary decision. However it seems that this one was maybe-probably not legally permissible.

I agree the judge probably has immunity, but there is an avenue to pursue in the case of a wrongful conviction.

 

[chief38]

Now the Trial Judge SHOULD serve the same amount of time as the LEO! I hope the LEO brings a lawsuit both legally and personally! Take her pension away as well. After all - wouldn't a LEO be in jeopardy of loosing their pension for such an act? This has got to stop! The Judge knew what she was doing!

 

[Doug M.]

The police agency that made the arrest is not immune from suit and should be hammered. While the prosecutor will have at least some and probably complete immunity from suit, there is more than ample cause for a scathing bar complaint.
I recall the case and her union went to bat for her. I expect she is eligible for reinstatement.
Frankly, I stay out of NJ/Maryland, and MN/WI based on their corrupt prosecution practices on firearm and use of force issues.

 

[jdh]

IDK a lot to digest in the story. It is my understanding that LEOSA does not apply to corrections officers because you have to be sworn, carry a firearm on duty AND have arrest powers. Not looking for a fight here but jail guards usually don't qualify. Interestingly Coast Guard falls under LEOSA, but not CO's. But not claiming to be up to date. Seems like there is a bit more to the story. NYC had to pay out millions when they kept trying to deny LEOSA rights.

It is long settled law that FBOP employees, with some exceptions, are sworn federal officers, carry firearms on duty, dependent on post assigment/assigned duties, with powers of arrest, and are covered by LEOSA. FBOP employees are not just "jail guards".

 

[John Patrick]

The police agency that made the arrest is not immune from suit and should be hammered. While the prosecutor will have at least some and probably complete immunity from suit, there is more than ample cause for a scathing bar complaint.
I recall the case and her union went to bat for her. I expect she is eligible for reinstatement.
Frankly, I stay out of NJ/Maryland, and MN/WI based on their corrupt prosecution practices on firearm and use of force issues.

And a bar complaint for the prosecutor too.

 

[johngalt]

The police agency that made the arrest is not immune from suit and should be hammered. While the prosecutor will have at least some and probably complete immunity from suit, there is more than ample cause for a scathing bar complaint.
I recall the case and her union went to bat for her. I expect she is eligible for reinstatement.
Frankly, I stay out of NJ/Maryland, and MN/WI based on their corrupt prosecution practices on firearm and use of force issues.

What are the issues in MN and WI? Living in both places, your comment captured my attention. MN is a 'duty to retreat' state. I've been told that it doesn't apply inside your home, even though the code doesn't say that explicitly.

WI is castle doctrine (but I don't think stand your ground).

The only case I know of where WI brought a wrongful prosecution for self defense was in Kenosha.

There were some murders during the riots in Minneapolis, but I don't know if any of them were really self defense.

 

[Doug M.]

The charging of Mr. Rittenhouse was knowingly frivolous, and that prosecutor's conduct during the trial was well beyond unethical. The fact that he has not lost his job and his license is disturbing. Scratch WI.

The entire story about George Floyd's death is drivel. The technique used is well established to not have any lethality. His blood test results are consistent with an OD; he was too old to be engaged in strenuous activity like fighting and his heart could not take it; the ME changed his testimony after being threatened for political reasons by an out of state ME. Scratch MN.

 

[Faulkner]

The police agency that made the arrest is not immune from suit and should be hammered. While the prosecutor will have at least some and probably complete immunity from suit, there is more than ample cause for a scathing bar complaint.
I recall the case and her union went to bat for her. I expect she is eligible for reinstatement.
Frankly, I stay out of NJ/Maryland, and MN/WI based on their corrupt prosecution practices on firearm and use of force issues.

Hmm, I don't know that I'd agree about the police agency's liability. They did not prosecute or sentence the officer. The police agency may not have even charged her, letting the prosecutor do it.

 

[Doug M.]

If I was doing such a civil case, I'd be getting a lot of information either by records requests (FOIA style) or discovery about the agency's training. LEOSA, like most federal laws, trumps state law under the Supremacy clause. Legally, this is like arresting any other federal agent for being armed in violation of state law, a legal impossibility. I'm not even sure that this is a LEOSA case, technically, as she was lawfully armed by a federal agency.
The safest course is to name every potential defendant, and not filing against the PD and officer would probably be malpractice.

 

[Sgt. Buzzard]

Retired NJ sergeant here and the PD in question is constrained by the state AG guidelines regarding DV.

Next is the thought that LEOSA trumps state law. While that's true, NJ has been ignoring LEOSA since it's inception. NJ has been targeted by the FOP, PBA and federal agents unions over compliance and the restrictions the state has placed on retired officers. A lot of this goes back even further than 2004. Retired LEO'S have been fighting NJ rules on hollow points as well as theirs onerous restrictions on retired officers carry permits.

As of two days ago the state is still violating the intent of Supreme Court decision. That there will be lawsuits goes without saying. That the state will lose, is also true. The question remains how many years or decades will it take? I'm 73, I don't expect to see it settled.

 

[LoboGunLeather]

To address a point raised by others, I have several friends and relatives who are/were employed at the US Penitentiary, Florence, Colorado (including Super-Max where the worst of the worst are kept).

One is a culinary chef, one is an electrician, others are in various staff positions and correctional officers. All are required to complete FLETC (Federal Law Enforcement Training Center) just like nearly all other federal law enforcement officers. All are required to maintain weapons proficiency and qualifications. All have assigned duties when needed to assist with riots, disturbances, escapes, etc.

Thousands of families, girlfriends, and criminal associates now live in this general area. Violent street gangs, drug cartels, and others maintain contact with incarcerated prisoners.

Contact between US BOP personnel and prisoners' various associates is common around the area. Threats and vengeance have occurred. Attempts to coerce BOP officers to engage in unlawful activities have been known to happen.

Every BOP employee I know has firearms readily available, and most carry on a regular basis. If I ever had to work in that environment I would also.

 

[jkd88]

Ditto Lobo

Years ago I ran into a couple of FLETC trainees at the chow hall wearing duty gear and plastic handguns used for Defensive Tactics training. We struck up a conversation and they explained to me they were Dentists working for BOP.

Stunned, I asked them why they were wearing duty gear they explained all BOP employees regardless of profession are trained in firearms and DT and have to maintain qualifications because there could be a riot/inmate takeover. I also recall someone else mention they encountered a BOP architect/civil engineer who designed and built correctional facilities and was also sworn LEO.

 

[Fastbolt]

This is but one of seemingly many examples why I have LDF coverage that can include defense against mistaken understanding of LEOSA when traveling out-of-state.

 

[jdh]

Years ago I ran into a couple of FLETC trainees at the chow hall wearing duty gear and plastic handguns used for Defensive Tactics training. We struck up a conversation and they explained to me they were Dentists working for BOP.

Stunned, I asked them why they were wearing duty gear they explained all BOP employees regardless of profession are trained in firearms and DT and have to maintain qualifications because there could be a riot/inmate takeover. I also recall someone else mention they encountered a BOP architect/civil engineer who designed and built correctional facilities and was also sworn LEO.

I averaged between 15 and 20 percent of my time per year performing correctional duties instead of doing my primary function. One Lt. in particular took great pleasure in assigning me mandatory evening watch overtime to fill a correctional post when the assigned officer called in sick.