Fourth Amendment CT City lost Request for Summary Judgement....

Discussion in 'Bill of Rights' started by BTPost, Jul 23, 2013.

  1. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    Doutel v Norwalk Prevails on Claims of 4th Amendment Violations Regarding Illegal Confiscation of Firearms

    Hartford CT --( Claims of Fourth Amendment violations by four Norwalk police officers have survived the City of Norwalk’s motion for dismissal: A Connecticut Federal District Court has rendered a ruling in favor of the innocent and injured spouse of Duane Doutel from Norwalk, CT.
    The City of Norwalk sought to have all charges in the complaint brought by the plaintiff, Barbara Casey Doutel of Norwalk, dismissed on the grounds of summary judgment. The charge that survived this motion was ‘Unreasonable Search and Seizure in Violation of the 4th Amendment’. The search and seizure of Mrs. Doutel’s firearms stemmed from Mr. Doutel’s February 2010 arrest.
    When the charges against Mr. Doutel were brought to court, the charges were reduced and then ultimately dismissed entirely after a protracted and costly legal battle that spanned over 18 months and more than a dozen court appearances.
    The Norwalk police had called Mr. Doutel prior to arriving at his home under the false pretenses of ‘just wanting to talk to him’. Mr Doutel had replied that they had no need to come to his home unless they had an arrest warrant in hand. Officer Jared Zwickler and fellow officers arrived at the home, ordering Mr. Doutel out of his home and then marching past the handcuffed Mr. Doutel into his home to search for firearms.
    Judge Vanessa Bryant has found that material differences exist regarding whether or not police had consent to initiate a search of Mr. Doutel’s home as well as the subsequent seizure of Mr. and Mrs. Doutel’s firearms and other property. Before a jury sees the case, the case must survive settlement negotiations with a Federal Magistrate.
    Whether the City of Norwalk will come to their senses and recognize a losing case or not is anyone’s guess at this point. Courts, towns and politicians have certainly shown a gross bias to anything related to firearms since the Newtown massacre; the actions of Norwalk and the Federal Magistrate will be interesting to observe.
    Attorney Rachel Baird filed Mrs. Doutel’s complaint in Federal court on July 25, 2011. Mr. Doutel has yet to file his own lawsuit against the City of Norwalk for their role in his arrest.
  2. Icefoot

    Icefoot Monkey+

    I hope the case goes to court and the decision is to remove all parties involved in the unconstitutional act from office (if elected) or relieved of duty (fired if city employee like the police officers) immediately. And jail time for criminal rights violations. That is the only way unconstitutional overreaching by government officials will stop. In a non-violent manner that is...
  3. kckndrgn

    kckndrgn Monkey+++ Moderator Emeritus Founding Member

    yes, this needs to get to court and those involved from the government need to loose their jobs!
    kellory and BTPost like this.
  4. ghrit

    ghrit Bad company Administrator Founding Member

    Why? Makes sense to me if they learned something about their jobs by sticking out their necks, they might not repeat it. New blood means old mistakes sometimes.
  5. kellory

    kellory An unemployed Jester, is nobody's fool. Banned

    I have to disagree. I have seen people learn from their mistakes, mistakes that should have gotten then fired, (maybe I will tell you about it one day, it involved lots and lots of new concrete) but Government people seem to think with a little spin, or a little time, no one will remember what they did. And then they can so it again.:(
  6. kckndrgn

    kckndrgn Monkey+++ Moderator Emeritus Founding Member

    I have to agree with Kellroy.
    New blood would know whey the old blood was sent their walking papers and would know not to do that or the same would happen to them.
  7. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    It is my contention, and belief, that ANYONE who commits such actions, as above, under the "Color of Authority" should NEVER be trusted with that Authority, AGAIN, for the rest of their lives. By their ACTIONS, they have proved themselves, to be UnTrustworthy, PERIOD. Fired, and, or Recalled, is the Minimum, that I would impose on such Folks.... My Opinion.... YMMV.....
    oldawg likes this.
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