SAF Victory in New Orleans, Judge Grants Contempt Motion

[Gildas]

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/02-13-2007/0004526882&EDATE=

BELLEVUE, Wash., Feb. 13 /PRNewswire-USNewswire/ -- A United States
District Judge in New Orleans has granted a motion to hold Mayor C. Ray
Nagin and Police Superintendent Warren Riley in contempt for failure to
provide initial disclosures and answers to discovery in a lawsuit filed by
the Second Amendment Foundation.
Judge Carl J. Barbier issued a blistering rebuke to New Orleans'
defense counsel for conduct that is "wholly unprofessional" and warned that
it "shall not be condoned." Judge Barbier ordered defense counsel to
reimburse SAF's attorney $1,365. SAF is joined in the lawsuit by the
National Rifle Association.

 

[AndyC]

Awesome

 

[Robert Hairless]

NRA Victory in New Orleans, Judge Grants Contempt

Here's the NRA press release. Let's remember that the NRA and SAF have cooperated in bringing this suit: credit belongs to both of those organizations for taking--and pursuing--a significant action in the fight against gun grabbing mayors. No doubt the GOA, JFPO, and other splinter organizations are conserving their resources so as to work behind the scenes somewhere else.

I hope no one minds too much if I use this occasion to remind all gun owners of the need to belong to the NRA and support the NRA's ILA even when they stoop to asking for money used in fighting for our gun rights. If you have some way it can be done without money, please let the NRA know: I'd bet they would like to know that secret.

City of New Orleans, Mayor Ray Nagin Once Again Found in Contempt of Court


Tuesday, February 13, 2007


District Court Judge to City Attorney:
conduct “wholly unprofessional”

Fairfax, VA—The National Rifle Association (NRA) and law abiding gun owners have won yet another victory this morning against New Orleans Mayor Ray Nagin and former police chief Warren Riley.

Judge Carl J. Barbier, presiding over the U.S. District Court for the Eastern District of Louisiana, granted NRA’s motion for contempt against New Orleans Mayor Ray Nagin and Warren Riley for “failure to provide initial disclosures and to compel answers to discovery” during NRA’s injunction against the City for their illegal gun confiscation of law abiding citizens following Hurricane Katrina in 2006.

“Once more, Mayor Ray Nagin and former police chief Warren Riley are held accountable for considering themselves above the law,” said Chris W. Cox, NRA’s chief lobbyist. “These men have had to be dragged, kicking and screaming, every step of the way in this process to return the lawfully owned firearms to their own citizens, and Judge Barbier rightly found them in contempt of court for their complete lack of respect for the rule of law.”

Furthermore, Judge Barbier concluded the delaying tactics by the City’s attorney, Joseph Vincent DiRosa, Jr, to be “wholly unprofessional and shall not be condoned”. Mr. DiRosa admitted in Court that he had “no good reason” to explain his actions and has been ordered to pay partial legal fees to NRA’s attorneys for their wasted time and money.

“Ray Nagin, Warren Riley and their attorney refused to provide vital information to the U.S. District Court for their unconstitutional acts in their city’s time of great need,” concluded Cox. “On behalf of the lawful gun owners of New Orleans, NRA is pleased with this outcome, we thank Judge Barbier for his swift decision and we will continue to press for the full return of all the city’s confiscated firearms.”

 

[Eightball]

Ray Nagin, Warren Riley and their attorney refused to provide vital information to the U.S. District Court for their unconstitutional acts in their city’s time of great need

Maybe we can use this as a base for filing suits against the .gov when they try to take guns elsewhere?

Regardless, I would keep a copy of that trial on hand for if a katrina-style thing happens wherever you are, and the cops try to take your firearms. Tell them, show them that it has been found unconstitutional to do so, maybe they'll back off.

 

[hammer4nc]

So, was this a criminal contempt finding? Arrests warrants issued for the Nagin and Riley? Any specific actions required of the two for them to obey the court?

All I see is a fine of $1300, which is what, 2 or 3 billable hours for any of the lawyers in that court room? Spit in the ocean.

This decision may be a watershed event and worth celebrating. Still and all, my perception is, its just another data point confirming a hypocritical double standard when "officials" break the law (in this case defiantly).

Maybe some of our legal eagles can correct me if my perception is flawed.

 

[Gildas]

All I see is a fine of $1300, which is what, 2 or 3 billable hours for any of the lawyers in that court room? Spit in the ocean.

This decision may be a watershed event and worth celebrating. Still and all, my perception is, its just another data point confirming a hypocritical double standard when "officials" break the law (in this case defiantly).

The way I see it is that sooner or later (most likely later) this Judge (a Clinton appointee btw) will be ruling on the merits. So every time that New Orleans act like this and waste time, ticks him off with them just that little bit more, which in due course will hopefully be paid back in the vehemence of his decision.

And each of these incidents, allows NRA/SAF to look like oh so reasonable and professional litigants, and the City to look like sleazy amateurs. I know that shouldn't matter, and cases should be decided entirely on the merits, but in the real world it counts for a fair bit.

And it counts double come the appeals stage.

 

[SoCalShooter]

Slap on the wrist. I am not impressed much. But it shows that we are not going to go quietly into the night.

 

[refrey]

No responsibility

A little too early to celebrate in my opinion. Until government officials are personally responsible for their actions, they will continue to violate your second amendment rights with impunity. Next emergency in New Orleans, watch the mayor seize lawfully owned firearms again regardless of what the Supreme Court may say. He doesn't care, the taxpayers will have to foot the bill for any fines.