Wisconsin Carry, Inc. awarded judgement against City of Racine and two Racine police officers

On September 9th, 2009 Wisconsin Carry member Frank Hannan-Rock of Racine was unlawfully arrested while open-carrying on the front porch of his home in Racine.

On January 8th Wisconsin Carry filed a federal lawsuit against the State of Wisconsin, City of Racine, two Racine Police officers, The City of Milwaukee and one Milwaukee Police Officer. In this lawsuit we challenge the constitutionality of Wisconsin's Gun-Free-School-Zone Act. In this lawsuit we also brought on two
Wisconsin Carry Members as co-plaintiffs. Frank Hannan-Rock of Racine was one of these co-plaintiffs.

A copy of the lawsuit can be viewed here:

http://www.wisconsincarry.org/pdf/GFSZ_Complaint.pdf

Frank was lawfully open-carrying on his own porch when Racine Police, who were summoned to his neighborhood on an unrelated call, observed and questioned Frank because he was open-carrying. After a few minutes of increasingly aggressive questioning Frank exercised his right to remain silent and was subsequently unlawfully arrested for obstruction of justice for refusing to give his name. In the state of Wisconsin no law allows officers to arrest for obstruction on a person's refusal to give his or her name. "Mere silence is insufficient to constitute obstruction. Henes v. Morrissey, 194 Wis. 2d 339, 533 N.W.2d 802(1995)"

Details of Frank's encounter can be viewed by going to our website and clicking on the October 16th blog entry.

Frank was unlawfully arrested and his firearm illegally siezed. He was later released without being charged.

Wisconsin Carry filed suit on Frank's behalf for his unlawful detainment, arrest, and seizure of his firearm.

On behalf of myself, the board of Wisconsin Carry Inc. and all of our members, we are pleased to announce that The U.S. District Court for the Eastern District of Wisconsin has entered a judgment in the amount of $10,000 in favor of Wisconsin Carry, Inc. and Frank Hannon-Rock and against the City of Racine and two Racine police officers.

We look forward to the precedent that this case will set for other municipalities who's police officers operate outside of their legal authority and unlawfully detain, arrest, and seize property of law-abiding open-carriers.

A copy of this judgement can be viewed here:

http://www.wisconsincarry.org/pdf/JudgmentAgainstRacine.pdf

Nik Clark
Chairman - Wisconsin Carry, Inc.
[email protected]

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