Supreme Court Issues Unanimous Decision In Firearm Confiscation Case - Settlement

[LiveLife]

Supreme Court Issues Unanimous Decision In Firearm Confiscation Case - Settlement

Lawsuit settled in April 2022 - https://riaclu.org/en/cases/caniglia-v-city-cranston

Settlement Agreement pdf

This is a successful federal lawsuit over a Cranston Police Department policy of refusing to return firearms seized without a warrant from residents who were neither charged with a crime nor found to pose a danger to themselves or others. The suit, on behalf of resident Edward Caniglia, argues the Cranston Police Department violated his right to due process and his right to keep and bear arms by retaining his firearms without just cause after seizing them without a warrant.
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https://rumble.com/v11hu80-supreme-...sion-in-firearm-confiscation-case-settle.html

 

[Mosin77]

The fact that this is even a question makes me shake my head…

 

[Fyrstyk]

I don't see if the plaintiff got his guns back. Did he?

 

[hoodfu]

Settling for $30k after having to take your case all the way to the supreme court to just to give you your guns back is way too little. These kind of settlements are supposed to make sure that the offending party doesn't do it again, and 30k is a small amount of parking tickets.

 

[Officers'Wife]

Settling for $30k after having to take your case all the way to the supreme court to just to give you your guns back is way too little. These kind of settlements are supposed to make sure that the offending party doesn't do it again, and 30k is a small amount of parking tickets.

perhaps, but I would be loathe to demand a huge settlement from a .gov agency as it would be in affect taking money from my neighbors that really haven't done me any harm save allow dishonest officials in government.

 

[Hal]

Wow!

Everyone rush to an opening facing the East.

The last time a miracle of this magnitude happened, a bright star was shining in the sky in the East.

The ACLU finally did something good for guns.

 

[RetiredUSNChief]

perhaps, but I would be loathe to demand a huge settlement from a .gov agency as it would be in affect taking money from my neighbors that really haven't done me any harm save allow dishonest officials in government.

Too bad this can't be levied as a budget reduction, instead!

But it's still a huge win in principle for everybody else, and that makes it in valuable overall.

Now I wonder if this decision could be a harbinger of things to come with respect to civil asset forfeiture. One can only hope.

 

[MEHavey]

It was a $250K settlement to a muli-action lawsuit which the Law Firm took pro bono pending result.
In the meantime, the whole concept for how/when police could/(did) enter the home was nailed to the wall as part of the interim lawsuits involved.
$31K is net to client after all expenses finally paid.

But no ... no indication anywhere that Caniglia got his weapons back.

.

 

[natman]

The ACLU finally did something good for guns.

The national ACLU has an odd approach to guns. They're still clinging to the "collective right" model of the Second, despite it being decisively rejected in Heller and won't lift a finger to support a pure Second Amendment case.

On the other hand, they are tenacious in cases about denying any other right even if guns are involved. This was a case about police improperly seizing property. They were all over it. When Obama wanted to use the Terrorist Watch List to deny gun purchases, the ACLU was right there. They don't like the government keeping secret lists.

 

[CoalTrain49]

perhaps, but I would be loathe to demand a huge settlement from a .gov agency as it would be in affect taking money from my neighbors that really haven't done me any harm save allow dishonest officials in government.

That's how I feel. I worked for a local gov't for 30 years so I know how they work....or don't work. Local governments don't actually have any money of their own nor can they print it. The only money they have they get from tax payers. Then sometimes they do stupid things with it. When they have to pony up a few million for a settlement because a county official did something stupid, the county official isn't paying the bill. The tax payers are.

 

[RetiredUSNChief]

But no ... no indication anywhere that Caniglia got his weapons back.

Much less in what condition.

 

[Megawatt maker]

The national ACLU has an odd approach to guns. They're still clinging to the "collective right" model of the Second, despite it being decisively rejected in Heller and won't lift a finger to support a pure Second Amendment case.

On the other hand, they are tenacious in cases about denying any other right even if guns are involved. This was a case about police improperly seizing property. They were all over it. When Obama wanted to use the Terrorist Watch List to deny gun purchases, the ACLU was right there. They don't like the government keeping secret lists.

I'd still prefer the ACLU get demolished. Thy are supposed to defend the ENTIRE Constitution, supported to have level headed intelligent layers who argue only facts, and can keep their personal beliefs out of it.

They are none of that. Anyone with any common sense can read the second and see straight up its not a collective right, its an individual right. Top that off with basic high school US history and it becomes even clearer.

The intellectual gymnastics they put out about the 2nd is just mind-boggling. Highly educated lawyers and scholars spewing that crap...

No...I don't think the little bit if good work the ACLU does is worth letting keeping them around.

 

[RetiredUSNChief]

That's how I feel. I worked for a local gov't for 30 years so I know how they work....or don't work. Local governments don't actually have any money of their own nor can they print it. The only money they have they get from tax payers. Then sometimes they do stupid things with it. When they have to pony up a few million for a settlement because a county official did something stupid, the county official isn't paying the bill. The tax payers are.

This is why I think organizational penalties would be better in bang cases. Figure the odds, though.

If the penalty to the police involved payments out of their operating budget and not the city overall, it would drive the point home a bit harder. Likewise if it simply resulted in a reduction of budget penalty, which moves minutes away from the agency and back to other tax payer funded agencies.

I can dream, at least.

 

[Frank Ettin]

Already being discussed here.