FSP President Wins Federal Case Against Weare Police!

Gericke_Carla2008[1]After multiple court decisions favoring Keene liberty activists, the wins just keep coming, now with the US Court of Appeals (1st Circuit) ruling in favor of Free State Project president Carla Gericke in her case against multiple Weare police officers, the Weare PD, and the Town of Weare.

The case dates back to 2010 where Carla was arrested for recording a traffic stop in Weare (home of notoriously corrupt police who have arrested other activists for the same). Police dropped the charges against Carla before trial, which included a “wiretapping” charge. Carla, with the help of liberty attorney Seth Hipple, sued in federal district court. Her suit alleged the Weare police violated her rights, particularly those ostensibly protected by the 1st amendment to the US constitution. Weare PD motioned the district court for “summary judgement” based on claimed “qualified immunity” protecting the officers from liability. The district court denied them qualified immunity, so Weare’s attorneys filed an “interlocutory appeal” to challenge the district court’s decision.

Bauer_JokerOh, and guess who is Weare’s attorney in this case? None other than Charles P. Bauer, the very same Charles Bauer who cashed in (and continues to cash in) on the City of Keene’s failed lawsuits against Robin Hood of Keene.

The 1st Circuit US Court of Appeals is the same court from which the Glik decision emanated. Glik is cited multiple times in the 21-page Gericke decision as evidence that the right to record government workers, especially police, is protected by the 1st amendment. The court’s decision makes it clear that the officers do not have “qualified immunity” because they, were they acting as reasonable officers, should have recognized Carla’s right to record the scene.

The appeals court ruled in Carla’s favor and now the case goes back to federal district court to proceed ahead in civil court, with the officers not protected from liability by “qualified immunity”, a protective shield typically given to bureaucrats supposedly to protect them from personal liability from mistaken decisions. Unless the case is settled by the town of Weare or PD, it will proceed. Stay tuned for the latest.

Now you can subscribe to Free Keene via email!

Don't miss a single post!


20 Comments

  1. Awesome news! I pray this goes all the way to a decision… without accepting a settlement. Why? Because we need as many legal precedents as we can get!

  2. what will happen to the officers and the PD?

  3. Some of the FSP’s best wins have come from the state. See, the state isnt so bad afterall when it does good.

    Even anarchists have discovered using the state for help. (Conan Salada vs School Board)

  4. Anarchists take note here, what save Carla in this case was the U.S. Constitution itself. Re: 1st Amendment

  5. U.S. Constitution also saved the Robin Hooders Re: 1st Amendment.

  6. No one has “discovered” anything. Folks who would vastly prefer other options have been forced at gunpoint to use one that barely works, on the best of days. Anyone with sense would prefer any of a number of alternatives, but if they tried that, men with guns would show up and kill them.

  7. No, actually, the government is what /attacked/ her.

    “I attacked you, but I could have attacked you worse, and I stopped myself. Aren’t you glad?!”

  8. The livestock can now take photos of the farmers. “Saved.”

  9. The livestock can now be near and talk to the farmers. “Saved.”

  10. Bad people only understand force. Using the courts to force bad people into remedies isnt a bad thing, its a good thing.

    Vixctories in State Courts are where the FSP can shine for decades to come.

  11. It’s Weare. I think it recently lost it’s chief and a couple officers. Weare has scandal after scandal. The police their seem to love breaking the law and then flaunting it.

  12. That does not address the claim that the State is helping. No, the State is harming, and occasionally (very, very rarely) throws out a bone so they can /pretend/ to be fair.

    ‘Victories for decades’ to come is not a realistic goal, because the courts will never supply that – they will only supply a tiny number of “victories” each year; beyond that, they will just issue ridiculous rulings to justify their nonsense.

    The State courts will, of course, /always/ favor the State. Justice cannot be found inside those walls, except by accident. Hence why alternative means of dispute resolution would be far superior, if that were allowed.

  13. So, is the case against the town of Weare, or is it against the cops, personally?

  14. FSP Prez Makes ‘federal case out of it’ an wins 🙂

  15. The state is the entire reason she needed help to begin with. It was the state that abducted her and dropped the charges, which was the entire reason for her going to court in the first place. If it weren’t for the state, this never would have even happened. Had the first amendment protected her, this would have never happened.

  16. Don’t let these cops off the hook. They knowingly violated your rights, so they get NO QUALIFIED IMMUNITY. Thug cops across our country are knowingly violating the peoples rights to teach them a lesson and to cause them harm, so now is the time to cause those ASSHOLE WEARE COPS HARM by making THEM pay you, along with the Police Dept, and the town of WEARE! ALL THREE! DO NOT let these cops off the hook, as they MUST be made to pay.

  17. It is a civil suit for damages. I don’t know for sure if there is any personal liability on the part of the cops, but I doubt it. The sergeant involved was recently fired, for “not following procedures”, by the new chief after setting up the disastrous sting resulting in the murder of the drug dealer suspect last August. The lieutenant, a perennial bad apple who survived multiple scandals and chiefs, was finally forced into retirement about a year ago. And the old chief who failed in his promise to clean things up, getting sucked into the mess of corruption instead, was also persuaded to step down about the same time. So all three were involved at the time of the false arrests in 2010. l

  18. I cannot begin to tell you what an asshole Charlie Bauer is. I got him in a Depo of his failed police chief client Martin Dunn though, when those bigoted fuckers were laughing at hate mail that said I was going to go to prison and be raped. This is 100% true and it’s in a Depo. It’s a long story but the Depo you can see in a thumbnail in this journal entry. And no, I was not convicted of anything the State ran away like a puppy that peed itself after I sat through voir dire. It was another First Amendment issue, BTW. I threatened to sue Dunn, by and through the NH NAACP for police abuse. http://christopher-king.blogspot.com/2010/08/kingcast-warns-nh-supreme-court-on.html

  19. Outstanding!!!

Trackbacks/Pingbacks

  1. Weare Police Settle With FSP President for $57,500! | Free Keene - […] being trounced in the 1st federal circuit court, the Town of Weare and the notoriously corrupt Weare Police Department…
  2. Weare the Corrupt Play | randomwordbyruth... - […] me against the wall then tried to grab the wallet from my pocket. -inmate, Mike Bergeron After…
  3. BREAKING: NH Judge Says Secretly Recording Police is Legal, Dismisses Wiretapping Charge | Free Keene - […] the right to record police in public includes secret recordings. The judge cites both the Glik and Gericke cases…
  4. NH Judge Says Secretly Recording Police is Legal, Dismisses Wiretapping Charge | Cop Block - […] the right to record police in public includes secret recordings. The judge cites both the Glik and Gericke cases…
  5. NH Blogger Rails Against Border Patrol Checkpoints, Calls Out Libertarians | Free Keene - […] Manchester checkpoints have basically been neutered over the last few years. Carla Gericke has even won a court precedent-setting…
  6. Roadblocks Belong in Banana Republics, Not New Hampshire - Shire Liberty News - […] checkpoints have basically been neutered over the last few years. Carla Gericke has even won a court precedent-setting case against the police…

Care to comment?