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Gun Reports - News

'Wisconsin Carry' wins damages
from Madison police

(GunReports.com) -- A federal court has ordered the city of Madison, Wisconsin, to pay members of Wisconsin Carry, a gun-rights group, $10,000 to settle a lawsuit.

The judgment last week closes a case that developed when police cited five people for disorderly conduct after they openly carried handguns into a fast-food restaurant.

The members of Wisconsin Carry, Inc. who were illegally detained and charged were Frank Hannan Rock, Matthew Lutz, Shawn Winrich, Steve Jensen, and Paul Fisher.

The City Of Madison, Wisconsin, officers directly involved in the matter were Jason Ramirez, Bernie Gonzalez, Harrison Zanders, Colleen Michelson, Heather Dzick, and Thomas Helgren, according to the complaint and judgment.

The citations were eventually dropped, but the group sued the city. Wisconsin Carry alleged that the officers violated the members' Fourth Amendment rights against unlawful search and seizure.

Wisconsin Carry spokesman Nik Clark says he would have preferred a higher damage judgment to send a stronger message.

The state has since passed a concealed-carry law that codifies open carry.

On September 18, 2010, five law abiding Wisconsin residents were peacefully having dinner at a Culver's Restaurant in Madison, Wisconsin. These five individuals, who were legally openly carrying as provided by Wisconsin law, had finished their dinner and were preparing to leave the restaurant when they were unlawfully detained by a mass of Madison police officers.

Despite the absence of reasonable suspicion or probable cause of any crime or violation, Madison police illegally demanded identification from the men under the threat of arrest if they did not comply. Two individuals who chose not to comply with the illegal action of the Madison police were subsequently arrested and cited for obstruction. Two days later those unlawfully issued citations were rescinded and all five men, even those who complied with the officers illegal demands, were issued citations for disorderly conduct.

On May 5, 2011, the frivolous disorderly conduct charges against all five men were dropped.

Wisconsin Carry, Inc. a non-profit corporation dedicated to protecting and advancing the right of Wisconsinites to carry in the manner of their choosing, open or concealed, filed a federal lawsuit against the City of Madison and the five Madison Police officers who participated in the unlawful detainment and treatment of these five individuals. A copy of that lawsuit is available below, as is the judgment.

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A copy of the complaint can be found here.

A copy of the lawsuit can be found here.

A copy of the judgment can be found here.

Reader Comments

Sounds like these Madison officers need remedial training in the basics of local and Constitutional law. It is ironic that these arrests occurred in a city named for a President who led this country during a war that was fought, in part, with guns provided by citizen volunteers and who was, himself, one of the Framers of the Constitution.

Comment by: Visigoth52 | December 29, 2011

HAhaha. Another slap in the face for over-reaching cops. Too bad the fine wasn't more like $100k per person - but maybe they can get that in civil court, now that it's been proven in a Fed court that the cops acted illegally. I mean, those citizens must have had their reputations damaged and were certainly traumatized, right? I would have been... (wink, wink).

Comment by: david b | December 29, 2011

It seems that in my experience, the closer one gets to major population centers, the kookier the cops become. In every place I ever carried a firearm, concealed or otherwise, it was always the police in the cities that had the biggest problems with firearms. In the small towns and rural areas, there was little, if any hassle concerning the presence of handguns, rifles, or shotguns. Now, while some may rationalize that because there are higher concentrations of people in cities, the city cops are more sensitive to the safety aspects of guns in public. Personally, I figure that in the cities we are more likely to encounter a totalitarian mentality that we are in the rural areas.

Comment by: canovack | December 29, 2011

Canovack - the kookier everybody becomes....

Honestly; those who use open carry as a means of advocating for the 2nd Amendment make me nervous.

Comment by: PVB | December 29, 2011

I have to agree, PVB. This idea of deliberately calling attention to one's self for the purpose of advancing an agenda has been proven to be more of an aggravation to most people than a demonstration of conviction. I have always favored concealed carry over open carry for reasons that I have often expressed in this forum.....such as keeping the bad guys in the dark and avoiding too much attention. It seems to me that the best way to convince people that our right to bear arms is a valid right, is to simply carry concealed and when asked.....tell folks why we do it.

Comment by: canovack | December 29, 2011

I'm with you Colonel. To me it's politically unwise to carry openly where the culture doesn't already support it, and tactically unwise to do so anywhere. Why broadcast that you are armed to people who might change their tactics in order to steal your gun AND you wallet? And why send those thugs elsewhere to look for some little granny or mom with kids to pick on when you could be the target and stop them from damaging innocent people? I'd rather the came after me anyway, than have them attacking somebody who won't have a clue about how to protect themselves.

Comment by: david b | December 30, 2011

Wow guys! You become nervous when someone makes use of a right? You 'assume' they are drawing attention to an agenda?

Perhaps you should remember it's only a right if you can actually do it, regardless of any perceived agenda.

Comment by: CAR311 | December 30, 2011

It's not a matter of becoming nervous when someone makes use of a right. It is very much a a matter of culture and perception. A century and a half ago it was the norm for men to carry a side arm openly in a gun belt in the West. It was not the norm to do the same in the East and in urban areas. But plenty of men there did carry a pocket revolver concealed. Now, most of us live in an urban environment. Tactically, it is far better to keep the bad guys guessing. Besides, there are usually too many restrictions on legitimate open carry to make it worthwhile, except for using old slabsides as a club.

Comment by: Visigoth52 | December 30, 2011