Court Rules Arrest Improper in Convenience Store Case, Denies Damages

In a GCO member’s federal lawsuit against Paulding County deputies for illegally arresting him for carrying a concealed weapon and disorderly conduct, the court has ruled that there was no probable cause to arrest for either charge.  The court found that the deputies were entitled to qualified immunity for any damages claims because there was “arguable probable cause” for the disorderly conduct arrest, but the court held open the possibility of obtaining declaratory and injunctive relief against the deputies.  In its order, the court said, “It is obvious to the Court, and should have been obvious to Defendants, that Plaintiff’s gun was carried openly and was easily identifiable to those around him.  Plaintiff therefore did not violate the law against carrying a concealed weapon.”  The order and other documents in the case may be viewed here.

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One Response to “Court Rules Arrest Improper in Convenience Store Case, Denies Damages”

  1. mark5019 Says:

    what are they thinking? checking to see if its secure isnt against the law are now is it?