Archive for the 'McIntosh Man With a Gun' Category

11th Circuit Orders Response to Petition for Rehearing in Detention Case

Monday, September 15th, 2014

The 11th Circuit Court of Appeals has ordered Deputy Brian Kabler to respond to GCO’s petition for rehearing in an illegal detention case. The case arose when a GCO member was pulled over in McIntosh County by Deputy Kabler to see if the member had a GWL. GCO filed the case in Superior Court of McIntosh County and Kabler removed it to federal court. The U.S. District Court for the Southern District of Georgia dismissed the case, ruling that Kabler had qualified immunity. The 11th Circuit affirmed, ruling that Kabler had immunity against claims for damages and that GCO’s claims for prospective relief were moot because HB 60 prohibits detaining a person to see if he has a GWL. GCO petitioned for rehearing on the grounds that the federal courts lose jurisdiction if a case is moot, and have to remand a removed case back to the state court in which it originated (rather than dismiss it). The 11th Circuit has ordered Kabler to respond to GCO’s petition. The documents may be viewed here.

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GCO Seeks Remand in Illegal Traffic Stop Case

Friday, September 5th, 2014

GCO has asked the 11th Circuit Court of Appeals to reconsider its ruling affirming the dismissal of GCO’s claims for declaratory and injunctive relief in an illegal detention case. GCO originally filed the case in McIntosh County Superior Court, and the sheriff’s deputy defendant removed it to federal court. The 11th Circuit has ruled that because of the change in law brought about by HB 60, GCO no longer has standing to sue in federal court. GCO points out in its petition for hearing that a federal court is obligated to remand a removed case back to state court if the federal court loses jurisdiction to hear the case. The documents may be viewed here.

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11th Circuit Rules No Reason to Detain for Carrying

Saturday, August 30th, 2014

The 11th Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Georgia’s ruling dismissing GCO’s lawsuit against a McIntosh County deputy for detaining a GCO member to see if the member had a GWL. In affirming the dismissal, the 11th Circuit noted that with HB 60’s passage, there no longer is any reason for a LEO to detain a person to see if the person has a GWL, thus “clearly establishing” the law for any future cases that may arise. The opinion may be found here.

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GCO and McIntosh Deputy File Cross-Motions for Summary Judgment

Friday, June 7th, 2013

GCO and McIntosh Sheriff’s Deputy Brian Kabler have each filed motions for summary judgment in GCO’s lawsuit against Kabler. The case arose out of Kabler’s traffic stop of a GCO member whom Kabler had seen at a convenience store wearing a handgun. Kabler stopped the member for the sole purpose of checking to see if the member had a GWL. The member, a Florida resident, had a Florida license, which Georgia recognizes. Documents in the case may be viewed here.

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