I was in court yesterday regarding my Motion to Compel Montgomery County, PA Sheriff John Durante to answer discovery questions on why my character and reputation is such that I am likely to act in a manner dangerous to public safety in denying me a CCW.
A history is at: http://www.thehighroad.org/showthread.php?s=&threadid=26336
Well, the Discovery Master was pretty angry with the Sheriff's lawyer for not answering my interrogatories and explaining how the Sheriff came to the determination that I am a danger to the public.
A Motion to Compel will be issued giving the Sheriff 20 days to fully respond or be found in default - I win.
My guess is that the Sheriff's lawyer will answer with minimal responses that still don't answer the questions, which would be disgraceful, but par for the course with Sheriff Durante. In that case, I will file a Motion for Sanctions and decide if I want to go to trial or file a Motion for Summary Judgment. A trial can be heard in two weeks or so, but I would have to inconvenience friends that would be called as character witnesses. The judge has 3 months to respond to a Motion for Summary Judgment.
This is a disgrace. 5 months after denying me the Sheriff still will not say how he came to the conclusion that I am a danger to the public. An enormous waste of taxpayer dollars and a total abuse of authority.
Thanks for the emails earlier in the week. Unfortunately, they did not get the Sheriff to answer (because he has no answer), but at least the Sheriff now knows that people are watching him. I think that is important because I wouldn't be surprised if this Sheriff tried to skirt the law. He is already walking that line very closely right now.
Also, the Sheriff's lawyer told a blatant lie that contradict one of the few discovery responses I have received. He stated in court that I was turned down after and investigation by normal procedure, signed off by a corporal. In an interrogatory a month or so back, it was stated by the Sheriff's lawyer that I was denied by the Sheriff himself when my local PD told the Sheriff something that the Sheriff will not dsiclose in discovery. Suffice to say, I cannot be denied just because the police say something or the Sheriff thinks something. It has to be supported by documented facts that indicate I am a danger or if members of my community - of which none have been interviewed - say so. The Sheriff denied me without even conducting an investigation about this in the first place - as he is required to do by law.
This, my friends, is what happens when you stand up to your local PD for questionable behavior and complain to the township commissioners about them. I don't know about you guys, but the abuse of authority that Sheriff Durante has demonstrated indicates to me that he is your typical insecure, self doubting individual who is using his power and authority as an LEO to build up his diminutive ego (and stature) while giving all LEO's a bad name.
A history is at: http://www.thehighroad.org/showthread.php?s=&threadid=26336
Well, the Discovery Master was pretty angry with the Sheriff's lawyer for not answering my interrogatories and explaining how the Sheriff came to the determination that I am a danger to the public.
A Motion to Compel will be issued giving the Sheriff 20 days to fully respond or be found in default - I win.
My guess is that the Sheriff's lawyer will answer with minimal responses that still don't answer the questions, which would be disgraceful, but par for the course with Sheriff Durante. In that case, I will file a Motion for Sanctions and decide if I want to go to trial or file a Motion for Summary Judgment. A trial can be heard in two weeks or so, but I would have to inconvenience friends that would be called as character witnesses. The judge has 3 months to respond to a Motion for Summary Judgment.
This is a disgrace. 5 months after denying me the Sheriff still will not say how he came to the conclusion that I am a danger to the public. An enormous waste of taxpayer dollars and a total abuse of authority.
Thanks for the emails earlier in the week. Unfortunately, they did not get the Sheriff to answer (because he has no answer), but at least the Sheriff now knows that people are watching him. I think that is important because I wouldn't be surprised if this Sheriff tried to skirt the law. He is already walking that line very closely right now.
Also, the Sheriff's lawyer told a blatant lie that contradict one of the few discovery responses I have received. He stated in court that I was turned down after and investigation by normal procedure, signed off by a corporal. In an interrogatory a month or so back, it was stated by the Sheriff's lawyer that I was denied by the Sheriff himself when my local PD told the Sheriff something that the Sheriff will not dsiclose in discovery. Suffice to say, I cannot be denied just because the police say something or the Sheriff thinks something. It has to be supported by documented facts that indicate I am a danger or if members of my community - of which none have been interviewed - say so. The Sheriff denied me without even conducting an investigation about this in the first place - as he is required to do by law.
This, my friends, is what happens when you stand up to your local PD for questionable behavior and complain to the township commissioners about them. I don't know about you guys, but the abuse of authority that Sheriff Durante has demonstrated indicates to me that he is your typical insecure, self doubting individual who is using his power and authority as an LEO to build up his diminutive ego (and stature) while giving all LEO's a bad name.