In case you’re following along with the Walker v. Donahoe, et al. Fourth Amendment open carry civil rights lawsuit, we have a jury trial scheduled for February 19, beginning at 8:30 a.m. at the federal courthouse in Huntington, West Virginia. As of right now it’s still on. Both sides have asked the court for summary judgment, which basically means that both sides claim to have the law completely on their side. The court has not ruled as of yet. Pretrial documents have been submitted, including motions in limine, which are trial issues anticipated by the parties, which are best argued prior to the start of the trial. If you haven’t seen the video of the incident in dispute, here it is:
The defendants are seeking to exclude portions of this video showing the “investigatory detention” of Michael Walker by the Putnam County Sheriff’s Department. Not surprisingly, they want the part of the video where the police officer calls Michael a “co*ksucker,” repeatedly, among other things to be kept away from the jury. Here’s their argument:
Also not surprisingly, we strongly disagree. Here’s our response. The judge will decide at some point, and generally has the broad discretion to control the flow of what the jury gets to see, and what they don’t:
We also filed a few motions in limine of our own, including our attempt at stopping the defendants from bringing up the Parkland school shooting, which they have announced is their attention, and which has absolutely nothing to do with the case. They are also seeking to make the case that because Michael had an AR-15 style rifle, that a reasonable officer could suspect him of being a potential school shooter, or something to that effect. Which is of course highly offensive, and antithetical to both the Fourth Amendment and the Second Amendment to the U.S. Constitution:
In case you’re curious about the current status of laws pertaining to the open carrying of firearms in West Virginia, check out the last post I did on it. It should still be the same. Of course, this case could change that if it doesn’t go our way…..
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This is a great case of argument for sure! It demeens and minimizes Walkers civil right as a law abiding citizen who not only was doing nothing wrong lawfully and cooperated with officer Donahue but shows the careless and gross neglegience and lack of integrity and professionalism from an oath abiding public official. This case needs dramatic Public media coverage in full detail of it’s incident and as well as the pre proceeding documents filed before the court from both defendant and plantiffs as well most importantly the unedited video and post judgement of this suit. Every opportunity should be enbraced for any and all media coverage of the suit pursuant.This case needs to be publicized in it’s most entirely. I’ve read all motions from both parties and agree that the unedited video needs to be seen in it’s entirely by the honor and full jury in order to determine civil right infringement just cause of the filed suit. Without unedited video would permit null and void pursuant
of this law suit of it’s full purpose entirely. There certainly needs to be accountability to those legislating law and those who are sworn to enforce.
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The cops use of homophobic terms should be grounds for dismissal of employment.
I have lived in Putnam county since 1972, i had no idea my tax dollars were paying for these fowl mouth lieing deputies treating the citizens this way,we can”t fire them but we can fire the elected sheriff if he allows this kind of behavoir. He needs to here from us.
All I can saw is WOW not only did that officer abuse his authority he demonstrated a complete lack of understanding or blatant disregard for the law! Then to top it off he verbally abused a young man who did nothing wrong. People like him need to be removed from law enfor me to. I have never seen a professional LEO speak to someone during a stop in that manner.
Its is now July 25, 2020 has this case been decided yet?
It’s currently at the Fourth Circuit.