Georgia Carry : An information clearinghouse for Georgia Firearms License issues and news » Paulding County Man With a Gun

GCO Asks Paulding County to Stop Detaining Armed Citizens

jrm — Fri, 18 Mar 2011 16:44:36 +0000

GCO attorney John Monroe wrote a letter to Paulding County Attorney Jayson Phillips to reconsider his conclusion that Paulding deputies may detain anyone seen carrying a firearm for the sole purpose of determining if they have GWLs. The discussion follows an email from GCO member Robbie Massie, who complained to Phillips when a deputy detained Massie when Massie was riding a bike on the Silver Comet Trail while openly carrying. Phillips told Massie that there is reasonable articulable suspicion to detain an armed citizen for the purpose of checking to see if the citizen has a GWL or is a fugitive from justice. A copy of the letter may be viewed here.

Court Denies Paulding Reconsideration

jrm — Fri, 21 Aug 2009 16:29:57 +0000

The federal district court in Atlanta has denied GCO’s motion for reconsideration in the lawsuit against deputies who illegally arrested a GCO member for disorderly conduct and carrying a concealed weapon. The court ruled earlier in the case that there was no probable cause to arrest GCO member Luke Woodard on either charge. The denial of the motion effectively ends the case, with GCO having established the arrest was improper, but no damages being awarded. The case documents may be viewed here.

GCO Member Replies in Convenience Store Case

jrm — Mon, 10 Aug 2009 18:44:51 +0000

In his federal lawsuit against Paulding County deputies for arresting him for carrying a concealed weapon, when the weapon was openly carried, GCO member Luke Woodard has filed a reply brief in support of his motion for reconsideration. The motion asks the court to reconsider its ruling that Woodard cannot seek damages for the concealed weapons charge because the deputies had “arguable probable cause” to arrest Woodard for disorderly conduct. The documents may be viewed here.

Paulding Deputies Oppose Reconsideration

jrm — Wed, 05 Aug 2009 17:58:05 +0000

In GCO member Luke Woodard’s federal civil rights case against two Paulding County deputies who wrongfully arrested him for carrying a concealed weapon and disorderly conduct, the deputies have opposed Woodard’s motion for reconsideration. In his motion, Woodard had asked the court to reconsider its order finding that arguable probable cause to arrest for disorderly conduct provided qualified immunity to the deputies for the concealed weapons arrest. Woodard also has abandoned his claims for further declaratory and injunctive relief. The documents may be found here.

GCO Member Moves for Reconsideration

jrm — Mon, 27 Jul 2009 15:20:41 +0000

In his federal lawsuit over being arrested for carrying a concealed weapon (openly, with a GFL), GCO member Luke Woodard has filed a motion for reconsideration of the court’s order on both parties’ motions for summary judgment. The motion addresses the fact that the court applied the defendant officers’ “qualified immunity” to Woodard’s arrest for carrying a concealed weapon, even though the court found there was no probable cause (or even “arguable probable cause”) for the arrest. While a person normally suffers the same damages for being arrested no matter how many charges are brought, this case is unique in that the carrying a concealed weapon charge resulted in Woodard losing his GFL, something that would not have happened from a disorderly conduct arrest alone. The latter charge is one that the court said the officers’ lacked probable cause for, but that they did have “arguable probable cause” and thus were entitled to qualified immunity on this arrest. The brief in support of Woodard’s motion can be viewed here.

Court Rules Arrest Improper in Convenience Store Case, Denies Damages

jrm — Fri, 24 Jul 2009 16:30:10 +0000

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.

GCO Member Files Briefs in Illegal Arrest Case

jrm — Thu, 25 Jun 2009 21:51:09 +0000

GCO member Luke Woodard has filed two briefs in his federal case against two Paulding County deputies for arresting him for concealed carry when he was openly carrying. First, Woodard filed a reply in support of his motion for summary judgment. Second, he filed a response to the deputies’ motion for summary judgment. The documents, which include a thorough history of the laws against concealed carry in Georgia and court decisions interpreting them, which many may find to be a useful reference, may be viewed here.

Paulding Deputies Respond to Motion for Summary Judgment

jrm — Wed, 17 Jun 2009 15:48:17 +0000

The Paulding County Sheriff’s deputies being sued by GCO member Luke Woodard for arresting him illegally for carrying a concealed weapon have responded to Woodard’s motion for summary judgment. Their brief can be viewed here.

Paulding Deputies File Motion for Summary Judgment

jrm — Thu, 04 Jun 2009 01:50:40 +0000

In a GCO member’s federal civil rights case against Paulding County deputies for arresting him in violation of his constitutional rights, the deputies have filed a motion for summary judgment, the brief in support of which can be viewed here.

GCO Member Files Motion for Summary Judgment in Illegal Arrest Case

jrm — Wed, 20 May 2009 15:50:19 +0000

GCO member Luke Woodard has filed a motion for summary judgment in his federal civil rights case against two Paulding County deputies who arrested him for disorderly conduct and carrying a concealed weapon (with his GFL in his wallet). The deputies admitted on the scene that Luke was “open carrying” but charged him anyway. The brief may be viewed here.