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Waller County suing private citizen for informing them they're posted improperly

stealthyeliminator

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haha. His gun control rant is hilarious. All of 3 shootings outside courthouses in the past 15 years, but can you imagine the carnage if license holders were permitted inside the building? No, actually, I can't, because that wouldn't make any sense.

Petty and vindictive indeed.

Hoping they are corrected firmly.

I'm assuming the signage being disputed is actually in violation, but even if it is properly posted, I don't believe that justifies this retaliatory lawsuit. The county should simply take up the issue with the AG. They'll be found in violation, in which case they can kick and scream and stomp their feet all they want, or they'll be found not in violation, in which case they can simply go back to and rest in their liberal false sense of safety. Petty and vindictive indeed.
 

davidmcbeth

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Saved the guy $$$ ... counter-sue the crap out of them for 1st amendment violations and 14th amendment violations and other state law violations, etc.
 
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davidmcbeth

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How is the suit not a violation of his constitutional rights?

Generally, there is immunity associated with the filings and pleading one files in court. But, this is not absolute -- once one starts jammering on about the pleadings then the courts see this as going outside of the court and damages immunity.

Hence, when you file a civil suit beware of your discussions of the case outside of court - it can come and bite you in the arse...which I'm such these idiots did...allowing a counter suit to move forward.

I generally do not speak about civil suits until they have been fully adjudicated.
 

stealthyeliminator

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What is the law in TX regarding courthouse (or buildings which house a courtroom) carry?

I believe the deal is courts and their offices are off limits (unless the court authorizes the carry in writing); however, AG opinion is that in a multipurpose building the entire building cannot be posted.

A couple of articles speaking of the law in question and various AG opinions on it
http://trailblazersblog.dallasnews....s-county-government-center-violates-law.html/
http://www.breitbart.com/texas/2016...-governments-infringing-handgun-carry-rights/
 

Taypo

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How is the suit not a violation of his constitutional rights?

Awesome question, especially given that he followed the instructions provided by the AG on filing a complaint. He took the extra step of notifying the County that they were in violation and got sued for his trouble.
 

BB62

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I believe the deal is courts and their offices are off limits (unless the court authorizes the carry in writing); however, AG opinion is that in a multipurpose building the entire building cannot be posted.

A couple of articles speaking of the law in question and various AG opinions on it
http://trailblazersblog.dallasnews....s-county-government-center-violates-law.html/
http://www.breitbart.com/texas/2016...-governments-infringing-handgun-carry-rights/
Thanks kindly.
 

davidmcbeth

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Here is where their logic fails.

Police get divorced etc...do they disarm them when they have a case?

Of course not.

And what happens? Total killing sprees, everyday, right?
 

stealthyeliminator

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After Waller County sued Terry Holcomb for filing a complaint, a Texas citizen or two decided they'd remind Waller County about the 1st amendment.
https://www.youtube.com/watch?v=PVZi9weC35g Edit: You can safely skip ahead to 6:30

Some words from Terry
http://cw39.com/2016/08/10/waller-c...hallenges-them-on-open-carry-rights-in-texas/

Edit to add:
Letter from Office of the Attorney General which states that the county has 15 days from receipt of letter to cure the signage violation.
https://www.texasattorneygeneral.gov/files/opn/3006_letters/2016-08-10-Waller_County_Courthouse.pdf
 
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TXOC16

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Thank you, C.J, Terry, David, and the rest of the OCT group who slapped those complaints on the Waller County Clerk's desk, and for continuing to do the hard work.
 

BB62

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1983 suit?

I don't know the exact number, but wouldn't Waller County's action be an attempt at a deprivation of rights, by taking legal action against a citizen who did nothing more than peacefully exercise his First Amendment (and other) rights?
 

davidmcbeth

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I don't know the exact number, but wouldn't Waller County's action be an attempt at a deprivation of rights, by taking legal action against a citizen who did nothing more than peacefully exercise his First Amendment (and other) rights?

I don't think that the USC's sections are meant to incorporate the filing of a civil suit as a deprivation.

Guy needs to counter-sue .. not blab his mouth all over and cry about it.
 

TXOC16

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Guy needs to counter-sue .. not blab his mouth all over and cry about it.

That's actually funny. Terry "Guy" Holcomb, one of the truly involved grass-roots movers, shakers, and doers in the Texas OC movement has been called a lot of things, but I'm not sure "crying mouth-blabberer" was among them until now. Guess he can finally check that off his list.
 
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stealthyeliminator

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That's actually funny. Terry "Guy" Holcomb, one of the truly involved grass-roots movers, shakers, and doers in the Texas OC movement has been called a lot of things, but I'm not sure "crying mouth-blabberer" was among them until now. Guess he can finally check that off his list.

I do not see any such name-calling, so I think he'd better keep that check-box cleared for now.

davidmcbeth's delivery may be poor but the general sentiment is fine. I am hoping that Mr. Holcomb will pursue whatever avenues are available, including a counter-suit if that is one of them.
 

TXOC16

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I do not see any such name-calling, so I think he'd better keep that check-box cleared for now.

"...not blab his mouth all over and cry about it."

Perhaps one of us should have his reading glasses examined (or look into getting some)?
 

solus

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"...not blab his mouth all over and cry about it."

Perhaps one of us should have his reading glasses examined (or look into getting some)?

that's name calling in your neck of the woods...really??

whew...that's just saying howdy in rural eastern religious NC...

and you should see how friends greet each other...

ipse
 
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