Man files suit over arrest in Gwinnett park, Part Deux

FourthPointOfContact · 10-01-2012, 18:08

After being deposed by attorney John R. Monroe, the attorneys for Plaza Security's employee Paul Reid Hanna tendered a monetary offer to release their client from the civil suit. Said offer was accepted with the proviso of a $100 penalty should the details be released to third-parties without permission.
The 42 U.S.C. § 1983 civil lawsuit naming Officers Adam Garth Bell and Rodney Dantzler proceeds apace.

I guess I don't have much excuse now not to get some needed plumbing work down, get the car fixed, that nice, new FNH SCAR (nor sure SCAR H or L, hmmm) and maybe even a new pair of police socks.

Why was the detention made in the first place?

Quote:

Originally Posted by Gwinnett County Officer Adam Garth Bell

I’m detaining you for having a weapon. Do you have any weapons on you…. Besides your gun?

I wonder if that might come back to bite him?

NRAninja · 10-02-2012, 13:25

Original threads in case anyone missed them:

http://www.glocktalk.com/forums/show....php?t=1419229
http://www.georgiapacking.org/forum/...p?f=17&t=71909
911 call audio:

Hanna call to GCPD.wmv - YouTube

Voice recorder audio and transcript of incident: http://www.georgiapacking.org/forum/...78687#p1078687

Is the disclosure penalty one hundred or ten thousand dollars?

FourthPointOfContact · 10-03-2012, 13:02

Quote:

Originally Posted by NRAninja

Is the disclosure penalty one hundred or ten thousand dollars?

"The undersigned agree that the terms and conditions of this settlement are entirely confidential and shall not be disclosed to any third-party, without the permission of Releasees, except for disclosure required by Court Order or tax reasons. It is understood that $100.00 of the consideration referred to herein is being paid in exchange for this confidentiality agreement."

I'm pretty sure revealing what the penalty is isn't abridging the agreement, but if it is, I have a check ready.

F350 · 10-03-2012, 13:37

It was a settlement, open to negotiation, I would have told them to stuff the confidentiality agreement unless they were willing to pay for it.

FourthPointOfContact · 10-03-2012, 15:56

Quote:

Originally Posted by F350

It was a settlement, open to negotiation, I would have told them to stuff the confidentiality agreement unless they were willing to pay for it.

The amount accepted was more than the initial amount tendered.

It was negotiated.

FourthPointOfContact · 10-03-2012, 17:13

Sgt Chapel, "You know, your permit is a privilege as well as a right. It can be taken away from you as well."
"By the Probate Court Judge. Would you like the number?"
Sgt Chapel, "We have the number."
Sgt Chapel, "... and when you’re given a permit you’re expected to cooperate a little bit with law enforcement."
"Actually, I’m required to cooperate; as required by law."
Sgt Chapel, "Why aren’t you?"
"What am I not doing that’s required?"
(silence)
"What am I not doing that’s required, Sergeant Chapel?"
(silence)
Sgt Chapel, "did you drive here, sir, or did you walk here?"
"What am I not doing that’s required, Sergeant Chapel?"
Sgt Chapel, "Did you drive here, or did you walk here?"
"What am I not doing that’s required, Sergeant Chapel?"
Sgt Chapel, "There you go, right there."

((... at that point Sgt Chapel decided he had more pressing matters to attend to and left the immediate area.))

SCmasterblaster · 10-04-2012, 11:59

Lawyer language. Tedious, but necessary.

FourthPointOfContact · 04-20-2013, 17:46

Today, on the anniversary of the great 'trespassing arrest in Gary Pirkle Park', a dozen or so well armed men and women celebrated their freedoms and the right to keep and bear arms by having a friendly picnic at Gary Pirkle Park in Sugar Hill, Georgia.

The dozen openly carried pistols were apparently not sufficiently scary to the more than two dozen people celebrating a young boy's birthday party in the same outdoor pavilion to warrant a response from Sugar Hill's contracted security force. Neither were any of the estimated 100 other citizens in the city park alarmed enough to generate a response from the Gwinnett County Police Department's peace officers.

I wonder if a dozen openly and well-armed men and women were less of a threat than a solitary guy puffing his way around a walking track, or did Gwinnett County Police Department learn a valuable lesson? (And the exact value of that lesson is yet to be determined by the Court.)

Bill Lumberg · 04-21-2013, 06:58

I must admit, looking for attention and then going out of your way to behave in a juvenile or combative manner when the attention arrives seems an odd form of entertainment. Just so many other things to get done befor is be so bored as to find that my go-to form of entertainment.

FourthPointOfContact · 04-21-2013, 08:04

Quote:

Originally Posted by Bill Lumberg

I must admit, looking for attention and then going out of your way to behave in a juvenile or combative manner when the attention arrives seems an odd form of entertainment. Just so many other things to get done befor is be so bored as to find that my go-to form of entertainment.

You're making one of those things they call 'assumptions' and we all know the meme about them and people's posteriors.

Had I been looking for attention, I chose a poor way of doing it since I had been walking in that park for the better part of a year without incident. There are streets in town with much better traffic in order to 'get noticed' had that been my intention.

Had the officers treated me with even a modicum of respect, had they not outright lied, had they not been evasive in reasonable questions asked............. then they wouldn't be the responding parties in a federal law suit.

The indisputable fact is that a year after an unwarranted and baseless detention of a single armed citizen, over a dozen similarly armed citizens were enable to enjoy their freedom to peaceably assemble in the same public park, on the same hour and day of the year without a response by police.

Somebody done learned themselves a lesson, methinks.

railfancwb · 04-21-2013, 08:13

Quote:

Originally Posted by F350

It was a settlement, open to negotiation, I would have told them to stuff the confidentiality agreement unless they were willing to pay for it.

The quoted text said they did pay for it - $100 of the total (undisclosed) settlement was for the confidentiality agreement.

Posted using Outdoor Hub Campfire

FourthPointOfContact · 04-21-2013, 09:12

The lawyers for Mr. Hanna paid around $6,500 to have him dropped from the lawsuit. I guess that since I have now released that information to third parties without consent, the law firm is free to contact me to have that $100 remitted back to them.

Kinda expensive for a three minute phone call to GCPD wasn't it? Ya mightn't wanna not do that again.

Stevekozak · 04-21-2013, 09:46

Quote:

Originally Posted by Fallschirjäger

Today, on the anniversary of the great 'trespassing arrest in Gary Pirkle Park', a dozen or so well armed men and women celebrated their freedoms and the right to keep and bear arms by having a friendly picnic at Gary Pirkle Park in Sugar Hill, Georgia.

The dozen openly carried pistols were apparently not sufficiently scary to the more than two dozen people celebrating a young boy's birthday party in the same outdoor pavilion to warrant a response from Sugar Hill's contracted security force. Neither were any of the estimated 100 other citizens in the city park alarmed enough to generate a response from the Gwinnett County Police Department's peace officers.

I wonder if a dozen openly and well-armed men and women were less of a threat than a solitary guy puffing his way around a walking track, or did Gwinnett County Police Department learn a valuable lesson? (And the exact value of that lesson is yet to be determined by the Court.)

Good for you, guy! I am glad your anniversary was peaceful and pleasant.