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

Skip to comments.

Posted on 09/23/2024 5:41:46 AM PDT by 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:

(Excerpt) Read more at ammoland.com ...

Click here: to donate by Credit Card

Or here: to donate by PayPal

Or by mail to: Free Republic, LLC - PO Box 9771 - Fresno, CA 93794

Thank you very much and God bless you.

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

1 posted on 09/23/2024 5:41:46 AM PDT by marktwain

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

FreeRepublic.com is powered by software copyright 2000-2008 John Robinson