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http://www.mlive.com/news/flint/index.ssf/2014/03/lawsuit_flint_township_man_cla.html
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Open-carry gun lawsuit claims Flint Township police improperly jailed man Christmas Eve
Watch Christmas Eve police arrest of man over open carry gun dispute, Part 1
Flint Township man claims he was legally openly carrying his pistol when he was stopped and arrested by police while walking along Torrey Road near Bishop Airport on Christmas Eve.
Gary Ridley | gridley@mlive.com By Gary Ridley | gridley@mlive.com
on March 27, 2014 at 7:00 AM, updated March 28, 2014 at 8:32 AM FLINT TWP, MI -- A Flint Township man has filed a lawsuit on claims he had to spend Christmas in jail when he was stopped by police while legally openly carrying his pistol.
Flint Township police argue the man's gun was concealed when he was stopped and the officer was within his rights to detain the man.
John David McMorris filed the lawsuit in February in Genesee County Circuit Court against Flint Township police. The case was moved to Detroit U.S. District Court March 17 by Troy-based attorney G. Gus Morris, who is representing police in the case.
McMorris, 21, claims that he was walking alongside Torrey Road near Bishop International Airport around 11:30 p.m. on Christmas Eve with his .40-caliber Smith & Wesson pistol openly carried in a holster on the outside of his clothing and coat when he was stopped by a Flint Township police officer.
Grand Blanc-based attorney Craig L. McAra, who represents McMorris, said his client lives near where he was stopped and was walking to the store.
"He had (the gun) for his personal protection," McAra said.
The officer was traveling northbound on Torrey Road in a marked police cruiser when he spotted McMorris, according to the lawsuit. The officer pulled his vehicle onto the shoulder of the road and activated his vehicle's emergency lights.
John David McMorris, who was arrested in this video, was given a breathalyzer test after police smelled alcohol on his breath.
McMorris claims that he immediately turned to face the cruiser and raised his hands into the air to ensure that the officer could see the firearm.
The police department, in a response to the allegations filed by Morris, claims that the gun was illegally concealed under his coat prior to McMorris raising his arms.
A police dashcam recorded the stop and arrest. McMorris can be seen stopping when the police car lights activated and puts his hands over his head. The gun is visible on his right hip.
The officer removes the gun from its holster and has McMorris place his hands on the front of the police car.
The township's attorney defended the stop, saying the officer passed McMorris about 15 minutes prior to the meeting on his way to another call. Morris said the officer flashed his bright lights at McMorris and could clearly see his right side but did not observe any gun.
. . .
The officer concluded that McMorris had concealed the gun under his coat since he did not see it when he initially passed the man and placed him under arrest since McMorris wasn't licensed to carry a concealed pistol, the township's attorney said.
The first time the officer passed McMorris was not included on the dashcam recording of the stop.
. . .
John Pierce, an attorney and advocate with Virginia-based OpenCarry.org, questioned the validity of the arrest, saying that it appears McMorris was arrested after the officer failed to notice that McMorris may have been engaged in legally open carrying of the firearm when the officer passed him the first time.
"I think the township is in real trouble with this one," Pierce said, noting that the gun was visible when the officer actually made the arrest.
Pierce said that for a gun to be considered openly carried it has to be visible to someone approaching the side of the person where the gun is holstered. He added that in cold-weather states like Michigan, where jackets and coats are the norm for large portions of the year, it may make sense for those wishing to open carry to obtain their concealed pistol license to prevent a situation such as this from happening.
Overall, Pierce said, litigation over this type of incident is rare across the country.
"This is a fairly uncommon situation," Pierce said, noting that a majority of cases stem from officers not being familiar with open carry laws or racist actions when minorities are arrested for open carrying.
The lawsuit is seeking more than $25,000 in actual and punitive damages for civil rights violations, false arrest and malicious prosecution.
The case is pending in federal court. A trial is not expected until late 2014.
Flint Township police Chief George Sippert could not be reached for comment on the allegations.
SNIP
Open-carry gun lawsuit claims Flint Township police improperly jailed man Christmas Eve
Watch Christmas Eve police arrest of man over open carry gun dispute, Part 1
Flint Township man claims he was legally openly carrying his pistol when he was stopped and arrested by police while walking along Torrey Road near Bishop Airport on Christmas Eve.
Gary Ridley | gridley@mlive.com By Gary Ridley | gridley@mlive.com
on March 27, 2014 at 7:00 AM, updated March 28, 2014 at 8:32 AM FLINT TWP, MI -- A Flint Township man has filed a lawsuit on claims he had to spend Christmas in jail when he was stopped by police while legally openly carrying his pistol.
Flint Township police argue the man's gun was concealed when he was stopped and the officer was within his rights to detain the man.
John David McMorris filed the lawsuit in February in Genesee County Circuit Court against Flint Township police. The case was moved to Detroit U.S. District Court March 17 by Troy-based attorney G. Gus Morris, who is representing police in the case.
McMorris, 21, claims that he was walking alongside Torrey Road near Bishop International Airport around 11:30 p.m. on Christmas Eve with his .40-caliber Smith & Wesson pistol openly carried in a holster on the outside of his clothing and coat when he was stopped by a Flint Township police officer.
Grand Blanc-based attorney Craig L. McAra, who represents McMorris, said his client lives near where he was stopped and was walking to the store.
"He had (the gun) for his personal protection," McAra said.
The officer was traveling northbound on Torrey Road in a marked police cruiser when he spotted McMorris, according to the lawsuit. The officer pulled his vehicle onto the shoulder of the road and activated his vehicle's emergency lights.
John David McMorris, who was arrested in this video, was given a breathalyzer test after police smelled alcohol on his breath.
McMorris claims that he immediately turned to face the cruiser and raised his hands into the air to ensure that the officer could see the firearm.
The police department, in a response to the allegations filed by Morris, claims that the gun was illegally concealed under his coat prior to McMorris raising his arms.
A police dashcam recorded the stop and arrest. McMorris can be seen stopping when the police car lights activated and puts his hands over his head. The gun is visible on his right hip.
The officer removes the gun from its holster and has McMorris place his hands on the front of the police car.
The township's attorney defended the stop, saying the officer passed McMorris about 15 minutes prior to the meeting on his way to another call. Morris said the officer flashed his bright lights at McMorris and could clearly see his right side but did not observe any gun.
. . .
The officer concluded that McMorris had concealed the gun under his coat since he did not see it when he initially passed the man and placed him under arrest since McMorris wasn't licensed to carry a concealed pistol, the township's attorney said.
The first time the officer passed McMorris was not included on the dashcam recording of the stop.
. . .
John Pierce, an attorney and advocate with Virginia-based OpenCarry.org, questioned the validity of the arrest, saying that it appears McMorris was arrested after the officer failed to notice that McMorris may have been engaged in legally open carrying of the firearm when the officer passed him the first time.
"I think the township is in real trouble with this one," Pierce said, noting that the gun was visible when the officer actually made the arrest.
Pierce said that for a gun to be considered openly carried it has to be visible to someone approaching the side of the person where the gun is holstered. He added that in cold-weather states like Michigan, where jackets and coats are the norm for large portions of the year, it may make sense for those wishing to open carry to obtain their concealed pistol license to prevent a situation such as this from happening.
Overall, Pierce said, litigation over this type of incident is rare across the country.
"This is a fairly uncommon situation," Pierce said, noting that a majority of cases stem from officers not being familiar with open carry laws or racist actions when minorities are arrested for open carrying.
The lawsuit is seeking more than $25,000 in actual and punitive damages for civil rights violations, false arrest and malicious prosecution.
The case is pending in federal court. A trial is not expected until late 2014.
Flint Township police Chief George Sippert could not be reached for comment on the allegations.
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