Lawyers: When Are The Lawsuites Going To Start?

[peanutbutter]

Sue for what? What is your proposed cause of action?

 

What you fail to understand is that there is governmental immunity in this state. The state can only be sued for what it says it can be sued for. You need to be able to squeeze your cause of action past those restrictions.

 

Secondly, most government employees have qualified immunity which prevents them from being sued for doing certain things in the course of their employment. A judge, for example, has judicial immunity. The list goes on. It isn't as easy to sue the state as you may think.

 

Thirdly, there are ways to sue the state, etc., but I can almost guarantee it isn't going to happen in small claims court because most actions that could be brought against the state would not be issues that the small claims division of a district court would have jurisdiction over.

 

As far as people saying, "sue for armed robbery," etc.....well, read the elements of the crime and you'll see why it's nonsense.

 

Can the state be sued? Probably. But you can't sue the pants off the state for everything people think you can.

 

Good .. this is the first time that anyone resembling a lawyer has even started to tell us why these folks are not in court as defendants already.

 

So .. you figure that police are exempt from conducting armed robbery.

 

And you figure that government officials can't, or nearly can't, be sued for anything.

 

Now then .. sued for what?

 

Frankly I think some of these folks need to be in jail for what they do. Actually they deserve worse than that.

However, since they have these forms of immunity, I figure a lawsuit would be about the worst they could get out of the situation.

 

The new law says that our properties are protected.

Section 8 (c ) If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

 

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

 

(2) forfeiture of any interest in or right to property.

 

AND

 

Section 4 (h) Any marihuana, marihuana paraphernalia, or licit property that is possessed, owned, or used in connection with the medical use of marihuana, as allowed under this act, or acts incidental to such use, shall not be seized or forfeited.

Note that any property that is seized is seized because of "used in connection with the medical use of marihuana"

 

Not only are properties being illegally seized, many items are simply destroyed on location at the time of raid.

 

So then sue for what?

1. destruction of property protected within this new law.

2. illegal seizure of property that is protected by this act.

3. false imprisonment

4. The pain and suffering involved in dealing with armed intruders.

 

Is that the kind of list you were asking for? It is far from complete.

[peanutbutter]

PB, The MMMA is fighting with all it's might. We're throwing everything we have at it. My friend, I've actually received two death threats in the last couple of weeks, I assume because of my big mouth. Our attorneys are confronting the problem head on. You know as well as I do filing a suit is not quick gratification. It's slow torture for all involved. I do know however that putting boots on the ground is a much faster path to victory. I remember watching you at the MDCH hearing. The fire and passion that was in your speech shook them up. The crowd responding to the cries for justice rocked them to their foundation. Get out in the street and fight for your rights. Let's show them in Saginaw, the righteous will not be swept away by the mighty. We will show them that the law governs all, not just the poor. We will show them, that just because we have disabilities, we are not weak. They will learn from us that America still lives. That the heart of liberty beats strong in the common man and justice belongs to the people, not the system that administers punishment. We will not wait for justice, we will reclaim it. The fight is just beginning. it will not end until the last warrior falls. The prize is the future, not just for MMJ, but for the voters that trusted the system. Unite in Saginaw!

 

I just wish the lawyers would fill us in on when and under what conditions will these lawsuits start ..

 

Or if it will be to difficult to let us know that fact also.

 

Whatever the situation is, I just wish they would tell us. Instead of just leaving our community completely in the dark.

[Kingpinn]

I just wish the lawyers would fill us in on when and under what conditions will these lawsuits start ..

 

Or if it will be to difficult to let us know that fact also.

 

Whatever the situation is, I just wish they would tell us. Instead of just leaving our community completely in the dark.

We cant die fast enough for these gentlemen. I dont have a whole life time to f@ck with this darn crap. Its my life on hold on this crap. I broke no law i want my property back. I have asked for help in this matter for months. All i get is hang in there K P Scr@w that . Suport is a two way street. This sucks to be you attitude the MMMA takes is not to impressive either

[christinax4]

wow nesta, that really sucks. overzealous security guards and police...have witnessed that kind of "blind bravado" from the cops too, they could care less about us "patients". sorry about your ordeal.

[Marijuana Ranch]

The more time that goes by without any lawsuits starting the bolder some leo is becoming.

 

We need to send a chill up their backbones.

 

The longer it takes the more people will be getting screwed over.

 

We all know there are several cases out there that could have suits filed.

 

What is the problem?

 

420SueTheBastards,

 

The time when are we gonna sue is Now!

 

I watched Attorney Michael Komorn over two court dates beat down the Old Establishment Marijuana Haters in Three Rivers, Mi. and the Joseph County District Court Judge dismissed the Case

 

The P.A. face turned from cocky confidence to beat red...

 

Now is when www.KomornLaw.com is filing a Lawsuit Because of the torture of his client.

 

The reason for the suit is to put the Marijuana Haters on Notice.

 

We will not stand ideally by while the Michigan Medical Marijuana Act is perverted by tyranny

Soon the Haters will know...

Do Not Thread on Us!

[jeff from bad axe]

My lawyers are working on it.Extra Extra read all about it.That will be a fun post.

[Marijuana Ranch]

My lawyers are working on it.Extra Extra read all about it.That will be a fun post.

 

 

Posted 10 April 2010 - 05:33 AM

 

I would say that the Bad Axe Police and Prosacutor do not like the Federal Case filed brought by Jeff Ellis against them...

Jeff is gonna kick there donkey in Federal Court.

He is fighting for us as well as himself.

Show your support!

We Have Our Power At The Ballot Box.

Vote 2010 Like Your Medical Marijuana Life Depends On It...Because It Does.

It's a long way from a seed to a Zig-Zag...

Green Trees Radio - http://realtalkfm.com

Every Wednesday night at 8 pm

 

 

[peanutbutter]

My lawyers are working on it.Extra Extra read all about it.That will be a fun post.

 

PLEASE!!!!

[petoskeystoned]

I'm curious too, was this indian owned therefore federal rules apply?

[master.caregiver]

i have talked to some reg people some REP some DEM some IND and many libreals and from wht i gather mind u these are all people just like you and me and are not senate or house reps we all agreed on 1 thing and disagreed on many the one we could seem to agree on is that if we legalized it and the state collected taxes on it whould greatly benifitt tax payers compared to the "GRAY" laws that are left up to interpertation on both parts and has law enforcement kicking down leagal doors and causting us the taxpayers unsaid millions that could be going twords other things like not laying off needed leo in tuff areas not to mention our schools (i have a friend that thier child is gonna be in a class combighning 1 and 4th grade class at the same time) i think we should all push for the legalazation may be more affeted than the last time we voted maybe the people i talked to were just open minded but i did not pry and was amazed when they said "legalize and tax"