No. 18-591

Gary Dressler v. Bradford Rice, et al.

Lower Court: Sixth Circuit
Docketed: 2018-11-06
Status: Denied
Type: Paid
Response Waived
Tags: 2nd-amendment civil-rights conspiracy fourth-amendment open-carry probable-cause qualified-immunity second-amendment
Key Terms:
SocialSecurity SecondAmendment FourthAmendment DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Is an individual's Second Amendment right to bear arms violated?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW Question I Is an individual’s Second Amendment right to bear arms violated when he is told by a security guard he cannot open carry in a store and is arrested by police officers, when the State of Ohio has passed a law (O.R.C. §9.68) that declares the individual right to keep and bear arms is a constitutionally protected right in every part of Ohio and permits a person to open carry a firearm in any part of the state, except as specifically provided by law? Question II Does probable cause exist to arrest an individual so as to entitle police officers qualified immunity, when the individual is a business invitee and legally open carrying a firearm, and when the police are shown that there is no sign prohibiting the individual from open carrying in the business? Question III Can summary judgment be granted, when the facts show a conspiracy exists, when a private party gives false information to the police about a sign prohibiting firearms in a store, when that information is shown by a customer to the police to be false, and the security guard demands the police to arrest the customer, who is legally open carrying a firearm?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-19
DISTRIBUTED for Conference of 1/4/2019.
2018-12-06
Waiver of right of respondents Safe Environment Business Solutions, Inc. and Bradfrod Rice to respond filed.
2018-12-03
Waiver of right of respondent Jeffrey Zucker, Jerry W. Hodges, Interim Police Chief Paul H. Humphries, unknown John/Jane Does and City of Cincinnati to respond filed.
2018-12-03
Waiver of right of respondents The Kroger Co., Kroger Limited Partnership I, Larry Noschang and Pierce Bryant to respond filed.
2018-11-28
Waiver of right of respondent Jeffrey Blackwell to respond filed.
2018-11-02
Petition for a writ of certiorari filed. (Response due December 6, 2018)

Attorneys

Gary Dressler
Charles E. McFarland — Petitioner
Charles E. McFarland — Petitioner
Jeffrey Blackwell
Rick L. WeilReminger Co., LPA, Respondent
Rick L. WeilReminger Co., LPA, Respondent
Jeffrey Zucker, Jerry W. Hodges, Interim Police Chief Paul H. Humphries, unknown John/Jane Does and City of Cincinnati
Marva Kinley BenjaminCity of Cincinnati Solicitor's Office, Respondent
Marva Kinley BenjaminCity of Cincinnati Solicitor's Office, Respondent
Safe Environment Business Solutions, Inc. and Bradfrod Rice
Ian D. MitchellReminger, Co., LPA, Respondent
Ian D. MitchellReminger, Co., LPA, Respondent
The Kroger Co., Kroger Limited Partnership I, Larry Noschang and Pierce Bryant
Ray C. FreudigerMarshall Dennehey Warner Coleman & Goggin, PC, Respondent
Ray C. FreudigerMarshall Dennehey Warner Coleman & Goggin, PC, Respondent