Philly Man Sues Over Wrongful Arrest Over Carry Dispute

[RubberBullets 65]

http://www.ammoland...._medium=twitter

 

Manasquan, NJ --(Ammoland.com)- Philadelphia area resident Mark Fiorino has filed a Federal Civil Rights Lawsuit against the City of Philadelphia and its Police Department over an incident that occurred almost exactly a year ago.

Its February 13th 2011 and the Delaware Valley resident is in Philadelphia visiting a relative. While in the area he took advantage of the unseasonably warm weather to walk to a local Auto Parts store to pick something up. It was during this walk that Fiorino was attacked and held at gun point.

Not by one of the all to numerous criminal thugs that roam the streets of Philadelphia preying on its residents, but by thugs with badges, representing the City of Brotherly Love.

You see, Fiorino openly carries his handgun, a practice that is completely legal inside the City if one holds a License To Carry Firearms, and legal everywhere else in the State of Pennsylvania without the need to have an LTCF if the party is on foot. But there is a problem, the leadership in City Hall and the Police Department don’t like the practice and have a long and well documented history of making every aspect of a Citizen practicing his or her Second Amendment Rights as difficult and onerous as possible.

During his trek to the store, a Philadelphia Police Sgt passed by, observed Fiorino’s safely holstered firearm on his hip, and with no indication that any type of criminal activity was actually afoot, immediately stopped his cruiser and confronted Mr Fiorino at gun point. (more on this story and video here)

Fiorino stayed remarkably calm and fully compliant with the Sgt, including offering numerous times to show the Officer his License to Carry and even referencing a recently released directive from the Philadelphia Police that advised Officers that the practice Fiorino was engaged in was legal and did not amount to a crime.

But Sergeant Dougherty was having none of it. Instead of attempting to de escalate the situation by actually listening to what a compliant Citizen was trying to tell him, Dougherty doubled down, continuing to hold Fiorino at gun point, while radioing for back up Officer’s, who, once on scene forced Fiorino to the ground violently and cuffing his hands behind his back.

Sgt Dougherty and the responding Officers discovered during a pat down search Mr Fiorino was carrying a pocket digital recorder and had captured the entire encounter on it, enraging them further. One Officer can even be heard attempting to destroy the device, which would of course destroy any evidence of their behavior. This despite the fact that the Pennsylvania Supreme Court has previously ruled that even though Pennsylvania is considered a ” two party ” State as the law pertains to recording people, meaning both parties must be aware of and consent to the recording of their conversation in order to avoid violation of the State’s Wire Tapping Law, Police Officers in the performance of their duties in public have no such expectation of privacy and recording them in such settings is perfectly legally.

Sadly, their attempts to destroy evidence of their illegal behavior is not without precedent. Recall the group of undercover Narcotics Officers that were caught in 2009 shaking down and stealing from a local bodega owner. The Officers involved in that incident were caught on tape, by a hidden camera they didn’t find, confiscating the video tapes from the stores security camera’s, which captured evidence of their crimes against those they had sworn an oath to protect.

Fiorino sat in the back of a paddy wagon for approximately forty five minutes while Officers made numerous phone calls to supervisors and the District Attorney’s Office, until they confirmed what Fiorino had been telling them all along was correct. Openly carrying a firearm, with no other observed behavior to indicate a crime was in progress or about to take place was no violation of the law. Fiorino was released from the scene, with his sidearm, with not even the threat of potential charges for any act at a later date, and not even so much as an apology from the Officers for their treatment of the him.

In March 2011, Fiorino published the audio recording of his encounter to Youtube and a local Firearms Rights website, The Pennsylvania Firearms Owners Association, as a warning of sorts to other Citizens of what they should expect to experience at the hands of Philadelphia Police Officers if they choose to exercise their rights in a lawful manner, but one that the powers that be don’t personally approve of.

The recording rapidly went viral, garnering attention and commentary from across the Country.

Fast forward to April 2011. After certain Philadelphia Police became aware of the enormous amount of attention Mr Fiorino’s recordings were garnering on the internet and in other media formats, a decision was made to charge Mr Fiorino with several minor criminal charges. Not because there was actual evidence to support said charges, but clearly as a retaliatory move on the part of the Command structure within the Philadelphia Police because of their embarrassment over the recordings and in a deliberate effort to both punish Mr Fiorino for exercising his rights and to discourage any future efforts by Mr Fiorino or any other Citizens from revealing the blatantly abusive and Un Constitutional practices indoctrinated within the ranks of the Philadelphia Police Dept.

On October 27th, 2011. Mr Fiorino’s criminal case was heard before the Court of Common Pleas and he was exonerated of all charges by the Judge. Now today, almost a year to the day from when this completely unnecessary incident occurred, Mr Fiorino, with the assistance of the ACLU has filed a Federal Civil Rights Suit against the City of Philadelphia, The Philadelphia Police Dept and the individual Officers involved for their egregious and unwarranted violations of his 1st, and 4th Amendment Rights.

After reviewing the complaint, listed here http://tiny.cc/ahrk1, from a legal perspective, the City and Police Dept don’t have a leg to stand on in defending their actions and overt disregard for the rights of Citizens.

All indications suggest, Mr Fiorino will not entertain settlement offers, and in fact is not necessarily motivated by any potential monetary settlement, but more out of a desire to compel the City of Philadelphia and The Police Dept and its Officers to do what they should have been doing all along. Respecting the rights of the Citizens they serve, including the right to lawfully carry a firearm for self defense instead of regurgitating the Anti Gun dogma that passes for sound policy decisions. One way or the other, this suit will cost the City and its leaders. In financial terms, and certainly in stature and any modicum of respect, and despite their best efforts at character assassination of Mr Fiorino and other Citizens, they have no one to blame but themselves.

Hopefully the voters in the City will wise up and start electing leaders that actually practice what they preach, the respect and protection of all people’s rights, even those they don’t agree with.

[LorenzoS 100]

Mr Fiorino, with the assistance of the ACLU has filed a Federal Civil Rights Suit against the City of Philadelphia...

 

That is the biggest positive development in my opinion. If the ACLU begins to defend the 2A as vigorously as other civil rights then we have something to look forward to.

[EX Carnival man 223]

People really need to hear the recordings. They are worth a 1000 words. I heard them last year on YouTube

[NicePants 58]

Oh yeah, I remember this. Philadelphia is getting what is coming to them. Now if only the ACLU would back our suits in NJ.

[tony357 386]

I remember this, the Officer involved was not very polite..he could have handled it better...

[Pizza Bob 1,488]

That is the biggest positive development in my opinion. If the ACLU begins to defend the 2A as vigorously as other civil rights then we have something to look forward to.

 

The ACLU has not changed its stripes. Read the article - they are litigating on the grounds that his first and fourth amendment rights were violated. The fact that they were violated while he was exercising his second amendment rights is just a bonus. Go get'em Mark.

 

Adios,

 

Pizza Bob

[SpacemanFry 51]

Good for him. Hope he sues the people involved into oblivion. Until there are consequences for blatant disregard of the laws by the power that be, things aren't going to change.

[BRaptor 68]

The ACLU has not changed its stripes. Read the article - they are litigating on the grounds that his first and fourth amendment rights were violated. The fact that they were violated while he was exercising his second amendment rights is just a bonus. Go get'em Mark.

 

Adios,

 

Pizza Bob

 

Curious, then, how would you word Mr. Fiorino's complaint to properly show "true stripes" of 2A support?

[Pizza Bob 1,488]

Attached is the actual complaint. Very well drawn. Just from the complaint it sounds like the PPD is toast. While I know Mark states he is doing this for principle, I hope a large - and I mean very large - monetary reward is the result. Government doesn't understand principle, or they wouldn't violate our rights in the first place. If you want to make your point, you gotta hit'em where it hurts - the wallet.

 

JMHO

 

Adios,

 

Pizza Bob

Fiorino Complaint.pdf

[Plinker 1]

Unfortunately they'll just make up the loss of money thru taxes or taking it from some other program or department that really needs it. Of course I hope he does get it

 

[blksheep 466]

I might be in the minority here and he was within his rights, but whether he was within his rights he was looking for something to happen. Everyone here talks about feeling threatened and such, maybe the cop felt threatened. Whether this guy says he is good guy and citizen he still has to obey a lawful command. All we have is audio, no video so who knows.

[PeteF 1,044]

I might be in the minority here and he was within his rights, but whether he was within his rights he was looking for something to happen. Everyone here talks about feeling threatened and such, maybe the cop felt threatened. Whether this guy says he is good guy and citizen he still has to obey a lawful command. All we have is audio, no video so who knows.

 

I guess "Get on the ground or I'll f'ing kill you" is a legal command?

 

Please read the complaint and listen to the audio.

 

How is a cop pointing a loaded gun at someone threatened by a person with a HOLSTERED weapon, that makes no move towards the weapon?

 

Every level of the Philly PD admits they screwed up.

[blksheep 466]

I have. I am not saying that what they said is right or in the manner which they said it. So you are saying that IF this was a bad guy the cop should keep his gun holstered UNTIL he can deterimine he is nt a bad guy. Sure maybe that will give the bad guy enough time to draw down on the cop. At the time he drew down on him the cop had no idea that he was within his right, so I say he did the right thing and protected himself until he could determine that this guy was not a threat.

[mrjam2jab 9]

If this guy was a bad guy he would not have been OC while walking down the street.

[blksheep 466]

Sure...because they never do that.

[Qel Hoth 33]

I have. I am not saying that what they said is right or in the manner which they said it. So you are saying that IF this was a bad guy the cop should keep his gun holstered UNTIL he can deterimine he is nt a bad guy. Sure maybe that will give the bad guy enough time to draw down on the cop. At the time he drew down on him the cop had no idea that he was within his right, so I say he did the right thing and protected himself until he could determine that this guy was not a threat.

 

I think you're missing the point. OC in Philly is legal with a LCTF, therefore there is no reason to suspect that he was doing anything wrong in the first place and no need to point a gun at him.

 

We don't drag people out of cars at gunpoint to make sure they have a driver's license, do we?

[blksheep 466]

I understand that. I think the problem is that most PPD were not aware of open carry laws. Ok I give you that. But if you listen to the audio he was told to take his hands out of his pockets in the begining. I am not going to go into NJ use of force policy however....it is what it is.

[Rifleman1 32]

So it would be a bad idea to ride my bicycle to the range with my unloaded rifle slung over my shoulder?

[blksheep 466]

I dont give legal advice

[Rifleman1 32]

OOOweeeOOO

 

http://www.hark.com/clips/znhpvjghjc-ill-get-you-my-pretty

[M4BGRINGO 139]

I understand that. I think the problem is that most PPD were not aware of open carry laws. Ok I give you that. But if you listen to the audio he was told to take his hands out of his pockets in the begining. I am not going to go into NJ use of force policy however....it is what it is.

 

Most PPD are not aware of MOST gun laws.

[blksheep 466]

Prob not.

[oneshot 45]

Ive yet to hear a story where a BG has been OCing. Could it happen? Im sure it could and may have. However i dont think Fiorino could have been more compliant . He was calm,polite and direct. Dougherty was way out of line and way outside the law with his actions and handling of the situation. While I respect LE ,it seems that there are quite few who consider themselves the end all be all and dont offer the same respect to the people they are sworn to "protect" . Fiorino more then once offered his ID and was told to STFU. That sounds like sound police work. This guy and the turd burgers who backed him up should be fired ,along with the people who have encouraged this type of treatment of law abiding citizens. Its these types who make not only their department look bad ,but LE on a whole. No excuses,No lame he didnt know BS excuse. IGNORANCE OF THE LAW SHOULD WORK BOTH WAYS. If i built a house and it fell down because i didnt support it properly , am i not responsible for it because i didnt know i needed to put in a main girder? Well no i dont, its my job, i need to know what it entails. So should police officers,its their job to know the law. Im not buying that they didnt know the law either, they knew full well, they were directed to bust peoples balls who OCed legally and also to illegally confiscate their weapons. Run that BS somewhere else.News flash even COPS lie. BTW i have LE in my family

[SpacemanFry 51]

I love how when a innocent citizen claims he didn't know the law LEOs jump all over and say "ignorance of the law is no excuse". But the other way they are so quick to forgive most cops not knowing the law. In fact the whole cops not knowing the laws seems to be some funny joke that apparently I'm not getting. I thought knowing the law was part of the job description. In most other jobs if you don't know your job you will most likely get fired. In most other jobs if you don't know what you're doing and you cause harm you get fired and sued or worse. For LEOs it seems they get a paid vacation suspension.

 

As far as I'm concerned with greater power comes greater accountability, and if it were up to me the cop involved here would be fired at a minimum. Just as there are greater penalties for assaulting a LEO there should be greater penalties for abusing LEO power.

 

This is not LEO bashing (though I'm sure all you LEOs reading this will get all riled up and think so). I respect LEOs, I just don't respect the hypocrisy, double standards and attitude that get brought up in cases like this.

[oneshot 45]

http://news.yahoo.com/seattle-arrest-questions-cops-dash-cams-194643944--abc-news.html

Different scenario but yet another possible case of abuse of power. Clearly the hiring process for LE needs some serious tweaking

[EX Carnival man 223]

The sad truth is that if Mark spoke to the Police the wat he was spoken to he would be dead. The police would have justified his killing by saying something like he was acting and speaking irrationality

[mrjam2jab 9]

I understand that. I think the problem is that most PPD were not aware of open carry laws.

 

Listening to the original recording...at some point, don't remember exactly....you hear SGT D in the back ground talking on the phone. You will distinctly hear him say something along the lines of "...we only learned about this not too long ago." That tells me he was aware of the law...actually lack thereof. He just "didn't remember".

[tony357 386]

Audio of incedent..

 

 

 

 

http://www.youtube.com/watch?v=WC0vZ1HdL4E&feature=fvwrel

 

 

 

 

http://www.youtube.com/watch?v=_HJEjpU5it0&feature=fvwrel

[Silent Service 7]

I might be in the minority here and he was within his rights, but whether he was within his rights he was looking for something to happen. Everyone here talks about feeling threatened and such, maybe the cop felt threatened. Whether this guy says he is good guy and citizen he still has to obey a lawful command. All we have is audio, no video so who knows.

I guess "Get on the ground or I'll f'ing kill you" is a legal command?

 

Please read the complaint and listen to the audio.

 

How is a cop pointing a loaded gun at someone threatened by a person with a HOLSTERED weapon, that makes no move towards the weapon?

 

Every level of the Philly PD admits they screwed up.

I have. I am not saying that what they said is right or in the manner which they said it. So you are saying that IF this was a bad guy the cop should keep his gun holstered UNTIL he can deterimine he is nt a bad guy. Sure maybe that will give the bad guy enough time to draw down on the cop. At the time he drew down on him the cop had no idea that he was within his right, so I say he did the right thing and protected himself until he could determine that this guy was not a threat.

I think you're missing the point. OC in Philly is legal with a LCTF, therefore there is no reason to suspect that he was doing anything wrong in the first place and no need to point a gun at him.

 

We don't drag people out of cars at gunpoint to make sure they have a driver's license, do we?

I understand that. I think the problem is that most PPD were not aware of open carry laws. Ok I give you that. But if you listen to the audio he was told to take his hands out of his pockets in the begining. I am not going to go into NJ use of force policy however....it is what it is.

 

Lets make this easy.

 

Quoted from original post, "But there is a problem, the leadership in City Hall and the Police Department don’t like the practice and have a long and well documented history of making every aspect of a Citizen practicing his or her Second Amendment Rights as difficult and onerous as possible."

 

How could this "veteran" police officer not know the law about open carry? Oh yeah right, see quote above. The chief should be demoted to meter maid.

[CageFighter 236]

Most PPD are not aware of MOST gun laws.

 

I beg to differ, they just wanna make their OWN rules!