Final Brief Filed in MARTA Case

Defendants in GCO’s federal lawsuit against MARTA and some of its officers have filed their final brief on the merits of the case. The matter is now before federal judge Thomas Thrash, who will rule if either party should win on the merits of the case without a trial. A decision is expected within a few weeks. The documents in the case may be viewed here.

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3 Responses to “Final Brief Filed in MARTA Case”

  1. mark5019 Says:

    so they say he may be carrying with out a license? do they pull drivers of cars over for maybe no license?

  2. Ed Stone Says:

    Mark,

    They address that argument starting on the bottom of page 10 and running over onto page 11 of their final brief. They recognize that there is a Supreme Court case holding that pulling over drivers for that purpose is unconstitutional, but they argue that two cases they cite from Philadelphia (which they call “many cases,” LOL) establish a different rule. Of course, in Philadelphia the law presumes a person is unlicensed until he proves otherwise. Georgia has no such law. They know that we already told the court this, twice, and they fail to reply to that argument, which means they did not have any argument to raise in reply.

    I guess just repeating the same flawed argument is better than remaining silent.

    Hopefully, Judge Thrash will notice that they have no reply.

    A lot rides on the outcome of this case. If Defendants win, then you are subject to being forcibly detained anytime an officer knows you have a firearm. If you think you can continue to act like a free man in such a circumstance, things could go very badly indeed for you.

    In contrast, if GCO wins, then you should be free to exercise your civil rights. The only time a police officer will be able to detain you forcibly is if he has reasonable suspicion that you are committing or about to commit a crime.

    In a nutshell, that is what is at stake.

  3. larryg2 Says:

    This decision will say much, much more than just a simple ruling on the MARTA case. It will be a statement of which document this judge deems more important in deciding our laws….the Constitution or the gospel according to Shirley Franklin, et al.