A Joplin man who had to wait five weeks to get his gun back after charges were dismissed against him in Jasper County Circuit Court is suing the Joplin Police Department, Chief Sloan Rowland and the city of Joplin.
The lawsuit, which was filed Friday in Jasper County Circuit Court Friday is one of the first local cases filed under the state of Missouri's new Second Amendment Preservation Act.
David Garcia, 36, is seeking $50,000, the amount specified in the new law.
The Joplin Police Department confiscated Garcia's gun, a Taurus 856 UL .38 SPL, January 8, 2020, according to the petition. The charges against Garcia, which are not specified in the lawsuit, were dismissed June 23, 2022.
Five days later, Garcia went to the police station and asked for his gun, was told to submit paperwork and did, according to the lawsuit.
From the petition:
On July 8, 2022, Mr. Garcia received a letter from the Joplin Police Department denying the return of his firearm, citing a “Court Order” was required.The Joplin Police Department unlawfully deprived Mr. Garcia of his firearm. The Joplin Police Department converted said property by intentionally failing to surrender possession of the firearm to Mr. Garcia without just cause.
On August 3, 2022, Mr. Garcia received a phone call from the Joplin Police Department instructing him to retrieve his gun, and that a Court Order was no longer necessary. Mr. Garcia's firearm was returned on August 4, 2022.
The portion of the Second Amendment Preservation Act cited in the lawsuit is printed below:
(1) Any political subdivision or law enforcement agency that employs a law enforcement
officer who acts knowingly, as defined under section 562.016, to violate the provisions of
section 1.450 or otherwise knowingly deprives a citizen of Missouri of the rights or
privileges ensured by Amendment II of the Constitution of the United States or Article I,
Section 23 of the Constitution of Missouri while acting under the color of any state or
federal law shall be liable to the injured party in an action at law, suit in equity, or other
proper proceeding for redress, and subject to a civil penalty of fifty thousand dollars per
occurrence.
Any person injured under this section shall have standing to pursue an action
for injunctive relief in the circuit court of the county in which the action allegedly
occurred or in the circuit court of Cole County with respect to the actions of such
individual. The court shall hold a hearing on the motion for temporary restraining order
and preliminary injunction within thirty days of service of the petition.
Garcia is represented by Joplin attorney Austin J. Knoblock.
7 comments:
Not only did they keep it after there were no chages, he actively came and asked for it. After the charges were dropped all evidence taken from him should have been returned. It’s a simple concept.
One of the best examples of the stupidity of the State Legislature.
Oooops!
well...uhhh............ummm...
Oooops!
Friends of the Second Amendment, Mr. Garcia's gun isn't going to save him on the Day of Ruin, and that Day is here.
Pretty sure the local libertarian second amendment nutters support this lawsuit, just like they supported the eabling law...
The police broke the law, imagine that. If anyone is OK with that, they might be one of those fascists I keep hearing so much about.
So now the police department broke the law, and doesn’t want to have any consequences tough, pay up and shut up and do your damn job lawfully without feelings
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