Federal District Court for the Central District of Ilinois Refuses to Dismiss Civil Rights Lawsuit for Loss of 2A Rights
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 in federal court 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.
The allegations by the plaintiff, Robert K. Kuhlman are clear and significant. According to court documents, on July 17, 2023, Mr. Kuhlman’s mother called both him and the police about an alleged tresspasser 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.
The Normal, Illinois police showed up, 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 which resulted in the loss of his Second Amendment rights.
AmmoLand contributor Mark Smith discusses the case on video at the four boxes diner.
The State of Illinois attempted to grant immunity to people they require to report on gun owners. The immunity for make false claims under their Firearms Owners Identification Act applies to several different occupations, as listed below. From the order and opinion:
Illinois’s FOID Act establishes that “[t]he physician, clinical psychiatrist, qualified examiner, law enforcement officer, or school administrator making the [clear and present danger] determination or his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the notification required under this subsection, except for willful or wanton misconduct.” 430 ILCS 65/8.1(d).
Judge Joe Billy McDade quotes a decision, Martinez v. State of Cal., 444 U.S. 277, 284 n.8 (1980), where states do not have the power to immunize state officials for violation of federal law. There is also the exception, for “willful or wanton misconduct”, which is more difficult to prove. From the order and opinion, p. 11:
[c]onduct by persons acting under color of state law which is wrongful under 42 U.S.C. § 1983 or § 1985 cannot be immunized by state law. A construction of the federal statute which permitted a state immunity defense to have controlling effect would transmute a basic guarantee into an illusory promise, and the supremacy clause of the Constitution insures that the proper construction may be enforced. See McLaughlin v. Tilendis, 398 F.2d 287, 290 (7th Cir. 1968). The immunity claim raises a question of federal law.
Because Judge Joe Billy McDade has refused to dismiss the case, it may now go forward with discovery. As nearly all the facts claimed by the plaintiffs should be a matter of public record, Mr. Kuhlman has a good chance of prevailing. It helps to have a skilled attorney, such as David Sigale, who has considerable experience and success in Second Amendment lawsuits.
Analysis: The Second Amendment is now well established as protecting fundamental civil rights in the United States. Expect more lawsuits to be brought to bear alleging violation of civil rights under color of law.
©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Source: http://gunwatch.blogspot.com/2024/09/federal-district-court-for-central.html
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Whistler Blowers, Insiders
When you really wake up you will see who the people are that tried to take away Mr Kulman rights are “police officers, Officer Nicholas Hines, and his supervisor, Officer Serena Cunningham”. A police officer is a person (legal term/legal definition) who gets their authority from the color of their office and that’s it. Without the color of their office they could not intrude on Me. Kulman. His lawsuit under 42 U. S. C. is a claim that the color of their office interfered with his rights and he was not consenting to be governed by those people under the color of their office.
A judge has a duty to know if someone’s rights are interfered with. The gun was inside the home, (a private space) the intruder was inside the home (a private space) and the officers were allowed inside the home (a private space) and dredged up a false statement to confiscate the gun without a court order or warrant. They started the process by taking away what he consented to be governed with, the Firearms Owner Identification Card and his Concealed Carry License.
No law impairing the obligations of contracts shall be made
They had no “subject matter jurisdiction” to interfere with an agreement Me Kulman has with the state to have and use the firearm. If a judge was behind the granting of the revoking of the permit and licence then the judge has some liability. These city and municipal judges think they can just make money off creating liability for state law violations when the state never asked them to enforce their laws. The actions were in excess of their authority, in excess of judicial authority.
No one is above the law. Ask Donald J. Trump.