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Old 10-01-2012, 18:08   #1
FourthPointOfContact
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Man files suit over arrest in Gwinnett park, Part Deux

After being deposed by attorney John R. Monroe, the attorneys for Plaza Security's employee Paul Reid Hanna tendered a monetary offer to release their client from the civil suit. Said offer was accepted with the proviso of a $100 penalty should the details be released to third-parties without permission.
The 42 U.S.C. § 1983 civil lawsuit naming Officers Adam Garth Bell and Rodney Dantzler proceeds apace.

I guess I don't have much excuse now not to get some needed plumbing work down, get the car fixed, that nice, new FNH SCAR (nor sure SCAR H or L, hmmm) and maybe even a new pair of police socks.


Why was the detention made in the first place?
Quote:
Originally Posted by Gwinnett County Officer Adam Garth Bell
I’m detaining you for having a weapon. Do you have any weapons on you…. Besides your gun?
I wonder if that might come back to bite him?

Last edited by FourthPointOfContact; 10-22-2012 at 20:35..
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Old 10-02-2012, 13:25   #2
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Original threads in case anyone missed them:

http://www.glocktalk.com/forums/show....php?t=1419229
http://www.georgiapacking.org/forum/...p?f=17&t=71909
911 call audio:
Voice recorder audio and transcript of incident: http://www.georgiapacking.org/forum/...78687#p1078687

Is the disclosure penalty one hundred or ten thousand dollars?

Last edited by NRAninja; 10-02-2012 at 13:37.. Reason: added links
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Old 10-03-2012, 13:02   #3
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Quote:
Originally Posted by NRAninja View Post
Is the disclosure penalty one hundred or ten thousand dollars?
"The undersigned agree that the terms and conditions of this settlement are entirely confidential and shall not be disclosed to any third-party, without the permission of Releasees, except for disclosure required by Court Order or tax reasons. It is understood that $100.00 of the consideration referred to herein is being paid in exchange for this confidentiality agreement."

I'm pretty sure revealing what the penalty is isn't abridging the agreement, but if it is, I have a check ready.

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Old 10-03-2012, 13:37   #4
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It was a settlement, open to negotiation, I would have told them to stuff the confidentiality agreement unless they were willing to pay for it.
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Old 10-03-2012, 15:56   #5
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Quote:
Originally Posted by F350 View Post
It was a settlement, open to negotiation, I would have told them to stuff the confidentiality agreement unless they were willing to pay for it.
The amount accepted was more than the initial amount tendered. It was negotiated.
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Old 10-03-2012, 17:13   #6
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Sgt Chapel, "You know, your permit is a privilege as well as a right. It can be taken away from you as well."
"By the Probate Court Judge. Would you like the number?"
Sgt Chapel, "We have the number."
Sgt Chapel, "... and when you’re given a permit you’re expected to cooperate a little bit with law enforcement."
"Actually, I’m required to cooperate; as required by law."
Sgt Chapel, "Why aren’t you?"
"What am I not doing that’s required?"
(silence)
"What am I not doing that’s required, Sergeant Chapel?"
(silence)
Sgt Chapel, "did you drive here, sir, or did you walk here?"
"What am I not doing that’s required, Sergeant Chapel?"
Sgt Chapel, "Did you drive here, or did you walk here?"
"What am I not doing that’s required, Sergeant Chapel?"
Sgt Chapel, "There you go, right there."

((... at that point Sgt Chapel decided he had more pressing matters to attend to and left the immediate area.))
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Old 10-04-2012, 11:59   #7
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Lawyer language. Tedious, but necessary.
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Old 04-20-2013, 17:46   #8
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Today, on the anniversary of the great 'trespassing arrest in Gary Pirkle Park', a dozen or so well armed men and women celebrated their freedoms and the right to keep and bear arms by having a friendly picnic at Gary Pirkle Park in Sugar Hill, Georgia.

The dozen openly carried pistols were apparently not sufficiently scary to the more than two dozen people celebrating a young boy's birthday party in the same outdoor pavilion to warrant a response from Sugar Hill's contracted security force. Neither were any of the estimated 100 other citizens in the city park alarmed enough to generate a response from the Gwinnett County Police Department's peace officers.

I wonder if a dozen openly and well-armed men and women were less of a threat than a solitary guy puffing his way around a walking track, or did Gwinnett County Police Department learn a valuable lesson? (And the exact value of that lesson is yet to be determined by the Court.)
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Old 04-21-2013, 06:58   #9
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I must admit, looking for attention and then going out of your way to behave in a juvenile or combative manner when the attention arrives seems an odd form of entertainment. Just so many other things to get done befor is be so bored as to find that my go-to form of entertainment.
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Old 04-21-2013, 08:04   #10
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Quote:
Originally Posted by Bill Lumberg View Post
I must admit, looking for attention and then going out of your way to behave in a juvenile or combative manner when the attention arrives seems an odd form of entertainment. Just so many other things to get done befor is be so bored as to find that my go-to form of entertainment.
You're making one of those things they call 'assumptions' and we all know the meme about them and people's posteriors.

Had I been looking for attention, I chose a poor way of doing it since I had been walking in that park for the better part of a year without incident. There are streets in town with much better traffic in order to 'get noticed' had that been my intention.

Had the officers treated me with even a modicum of respect, had they not outright lied, had they not been evasive in reasonable questions asked............. then they wouldn't be the responding parties in a federal law suit.


The indisputable fact is that a year after an unwarranted and baseless detention of a single armed citizen, over a dozen similarly armed citizens were enable to enjoy their freedom to peaceably assemble in the same public park, on the same hour and day of the year without a response by police.

Somebody done learned themselves a lesson, methinks.

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Old 04-21-2013, 08:13   #11
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Quote:
Originally Posted by F350 View Post
It was a settlement, open to negotiation, I would have told them to stuff the confidentiality agreement unless they were willing to pay for it.
The quoted text said they did pay for it - $100 of the total (undisclosed) settlement was for the confidentiality agreement.


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Old 04-21-2013, 09:12   #12
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The lawyers for Mr. Hanna paid around $6,500 to have him dropped from the lawsuit. I guess that since I have now released that information to third parties without consent, the law firm is free to contact me to have that $100 remitted back to them.

Kinda expensive for a three minute phone call to GCPD wasn't it? Ya mightn't wanna not do that again.

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Old 04-21-2013, 09:46   #13
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Quote:
Originally Posted by Fallschirjäger View Post
Today, on the anniversary of the great 'trespassing arrest in Gary Pirkle Park', a dozen or so well armed men and women celebrated their freedoms and the right to keep and bear arms by having a friendly picnic at Gary Pirkle Park in Sugar Hill, Georgia.

The dozen openly carried pistols were apparently not sufficiently scary to the more than two dozen people celebrating a young boy's birthday party in the same outdoor pavilion to warrant a response from Sugar Hill's contracted security force. Neither were any of the estimated 100 other citizens in the city park alarmed enough to generate a response from the Gwinnett County Police Department's peace officers.

I wonder if a dozen openly and well-armed men and women were less of a threat than a solitary guy puffing his way around a walking track, or did Gwinnett County Police Department learn a valuable lesson? (And the exact value of that lesson is yet to be determined by the Court.)
Good for you, guy! I am glad your anniversary was peaceful and pleasant.
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Old 06-17-2013, 10:20   #14
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As a result of an Open Records Act request to the Gwinnett County Police Department it was discovered that the First Annual Gary Pirkle Park Pistol Packing Picnic did not go entirely unnoticed. A call was made by Mr. Thomas Hess who was bothered that someone was walking around with a pistol attached to his belt.
Page 1 and Page 1
No civil action is contemplated against Officer Smith, L.
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Old 06-20-2013, 20:13   #15
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Quote:
Originally Posted by Bill Lumberg View Post
I must admit, looking for attention and then going out of your way to behave in a juvenile or combative manner when the attention arrives seems an odd form of entertainment. Just so many other things to get done befor is be so bored as to find that my go-to form of entertainment.
How juvenile is it to continue the attempt to make someone feel like they have done something wrong even AFTER they were paid off for being COMPLETELY in the right? Does it burn that much that LE was told they screwed up? Hurts the ego too much to think in the back of your mind that LE should show respect to someone that is well within his/her rights? Remember who the professional is SUPPOSED to be. Any rent-a-cop can bark orders.

Last edited by willy1094; 06-20-2013 at 20:15..
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Old 06-21-2013, 05:19   #16
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Quote:
Originally Posted by bill lumberg View Post
i must admit, looking for attention and then going out of your way to behave in a juvenile or combative manner when the attention arrives seems an odd form of entertainment. Just so many other things to get done befor is be so bored as to find that my go-to form of entertainment.
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Old 06-21-2013, 08:27   #17
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Quote:
Originally Posted by willy1094 View Post
How juvenile is it to continue the attempt to make someone feel like they have done something wrong even AFTER they were paid off for being COMPLETELY in the right? Does it burn that much that LE was told they screwed up? Hurts the ego too much to think in the back of your mind that LE should show respect to someone that is well within his/her rights? Remember who the professional is SUPPOSED to be. Any rent-a-cop can bark orders.
In your job as a Police/Fire Dispatcher, have you ever dispatched a police officer for a man with a gun call? Has anyone in your dispatch center done so?
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Old 06-21-2013, 09:02   #18
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Can and should are two different things. And if you think a settlement equates to wrongdoing, you have a lot to learn. You seem to have a great deal of vitriol toward police. Did you ever aspire to be one? How did you end up in a dispatcher position? Was it a goal, random events, or a fallback? Thanks for posting. And thanks for your role in supporting the folks who rush toward danger as part of their every day job. It is genuinely appreciated:

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Old 06-21-2013, 09:05   #19
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FPOC,

had the cop said some like: how are? we got a call or complaint of sort about a MWG here. youre the only one i see with a gun. did you ever unholster your gun or anything?

presumed answer would be no.

ok, do you have a pistol permit?

presumed answer would be yes.

can i have a look at it?

dont know your answer....

if no, can i have your name so i can document who i spoke to at the park?

would your actions or attitude been any different if the actions or attitude of the cops(s) were different?
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Old 06-21-2013, 12:50   #20
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Quote:
Originally Posted by cowboywannabe View Post
FPOC,

had the cop said some like: how are? we got a call or complaint of sort about a MWG here. youre the only one i see with a gun. did you ever unholster your gun or anything?
presumed answer would be no.
It that had been the greeting, it's likely the civil suit would never have happened. Unfortunately, events forced me to proceed with one.

CAP: Okay. Damn that guy’s got legs.
(Addressing Hanna in reference to an officer in bike shorts and driving a police pickup truck with a bicycle on the back.
Bell: I worked really hard for that.
Bell: How’s everything
Hanna: Pretty good, how are you doing?
Cap: ‘Morning.
(Voice on phone) “This is Sam.”
Cap: Hey Sam, this is Chris. Is there a prohibition against legally carried firearms, um uh, in parks?
Sam: (redacted, voice inaudible to Hanna or Bell)
Bell: (to Hanna) What’s going on?
Hanna: (to Bell) He’s on the phone with parks staff…
Cap: Is there a prohibition? Yes, in light of the court decision about two years ago, where all the parks lost that? Note: OCGA 16-11-173 N.B. 2007, five years ago, not two.
Sam: (redacted, voice inaudible to Hanna or Bell)
Cap: Okay, What’s Andy’s last name, is it something weird?
Sam: (redacted, voice inaudible to Hanna or Bell)
Cap: That would be the weird name, yeah.

Bell: Hey, sir, I need you to get off the phone, you can call them back.
Cap: (to Sam) I’ve got to go, I’m being detained by Officer Bell.
CAP: (To Bell) Am I being detained?
Bell: Do you have any I.D. on you?
CAP: Am I being detained?
Timestamp 1m:12s after arrival of Ofc Bell
Bell: What’s that? Yeah, you’re being detained. Do you have any ID on you?


Ok, do you have a pistol permit?
presumed answer would be yes.
CAP: Um, excuse me for asking but, what part of the Georgia Code am I being detained for?
Bell: What’s that?
CAP: I said, excuse me for asking but, …
Bell: Well you’re carrying a firearm. In the park…
CAP: Yes?? And?
Bell: … County park. Which is prohibited, okay. So you don’t have any ID on you whatsoever? (again 16-11-173)
CAP: I’ve got my Georgia Firearms License.
Demand for personal papers
Bell: Let me see that. Now, it’s not against the law to carry a weapon out in public…
CAP: Which I am; … out in public
Bell: …- but you’re on County property.


One might note that the Gwinnett County changed it's ordinances back in 2007.
7 CROSS-EXAMINATION
8 BY MR. MONROE:
9 Q Would you state your name please?
10 A Adam Garth Bell.
11 Q And where do you live?
12 A Buford, Georgia. Gwinnett County.
13 Q And where do you work?
14 A Gwinnett County Police Department.
15 Q And what's your position there?
16 A I'm a police officer senior.
17 Q How long have you been with the police
18 department?
19 A With Gwinnett County?
20 Q Yes.
21 A Five years.
(Feb 2007, according to testimony. GCO began contacting Gwinnett County attorneys in Feb and an agreement was reached in Jun 07.)

can i have a look at it?
dont know your answer....
Although there is no section of the OCGA authorizing an officer to demand such, I caved to authority like a wet napkin and practically forced my GWL into his hands.

if no, can i have your name so i can document who i spoke to at the park?
No, thank you, I prefer to go about my business without my name showing up on police databases.

would your actions or attitude been any different if the actions or attitude of the cops(s) were different?
As this matter has yet to come before the court, I have been advised by Mr. Monroe not to comment upon the actions of the officers involved. The most I can do is honestly report the transcription of the digital recording or other sources.
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Old 11-03-2013, 09:49   #21
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A post from another forum...

To put all relevant documents in one place...
Quote:
Originally Posted by Fallschirmjäger View Post
The facts as they are known so far....
I was at Gary Pirkle Park in Sugar Hill, GA on the morning of 20 April 2012 and encountered Plaza Security's employee Paul Reid Hanna. Mr Hanna objected to my sartorial choice of dress and called Gwinnett County Police Department. Officers Adam Garth Bell, Rodney Dantzler, Corporal Joseph P. Kimsey, Sergeant Greg Chapel and at least two others responded.

The Call That Started it All
HANNA - Call to GCPD.mp3

My so-called "suspicious attire"
My recording of the incident at Gary Pirkle Park (The faint of heart may wish to avoid the first 20 minutes of heavy breathing.)
My transcript of the recording made at Gary Pirkle Park on 20 April 2019


The Responding Officer's Incident Reports for 20 April
Ofc. Adam Garth Bell
Ofc. Rodney Dantzler
Cpl. Joseph Kimsey
Security Guard Paul Reid Hanna

This led to an arrest for criminal trespass, with a trial date scheduled for 09 July.

On 27 April, Bell, Dantzler and Hanna were named in a Civil Suit.

29 June, the Gwinnett County Solicitor found insufficient evidence to prove guilt beyond a reasonable doubt and made a request to Nolle Prosequi the case.
29 June - Nolle Prosequi


On 10 July, an amended complaint filed naming Hanna, Bell and Dantzler as defendants.
Civil Suit

The three named individuals answered the Civil Complaint.
Bell Answers - 20 July
Dantzler Answers - 23 July
Hanna Answers - 20 July
_______________________________________________________________________
On 29 August, the attorney for Mr. Hanna and the Gwinnett County attorney representing Officers Bell and Dantzler deposed me.
Proescher deposition, 29 August.pdf

Mr. John Monroe deposed Mr. Hanna on the same date.
Paul Reid Hanna deposition, 29 August.pdf

On 30 August, Officers Bell and Dantzler were deposed by Mr. John Monroe
Officer Adam Garth Bell deposition, 30 August.pdf

Officer Rodney Dantzler deposition, 30 August.pdf
_____________________________________________________________________________

On 31 August, the attorneys representing Mr. Hanna made a monetary offer to have him dropped from the Civil Suit.

On 21 September, the offer (for an amount to be kept confidential) was accepted.

On 18 December, my Declaration of Facts was published outlining the facts of the matter as known to me.
(sorry, temporarily deleted the link, msg me if you need it.)

... and this is where we stand as of the 18th of December.
Quote:
Originally Posted by Fallschirmjäger View Post
I spoke with John Monroe at the Pro-Second Amendment rally at the Capitol last week. He said that he expects the court will make its decision based upon motions and that no testimony would be required.

That said, I guess there's no harm in posting the depositions of all parties involved, it's not like the Gwinnett County attorney defending the two named individuals isn't privy to the same information......

(Links also added to 1st page for convenience.)
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Old 11-03-2013, 09:54   #22
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And the outcome regarding the Gwinnett Officers...again from another forum...
Quote:
Originally Posted by Fallschirmjäger View Post
Judge's granting motion of summary judgement for defendants Bell and Dantzler
I had the opportunity to request the judge to reconsider, or to file for an appeal. I lacked funds for an appeal.
I hate to criticize our judicial system but I'm of the opinion that the court simply chose to ignore the fact that there was no articulable suspicion of criminal activity and chose instead to concentrate on whether or not grounds for a trespass arrest were present (and even that I dispute intensely, given Bell's testimony on the matter.)

Upshot?
I got enough money to get a brand spankin' new AR, yea me!
And
A year later at the first anniversary picnic in Gary Pirkle Park when a Dozen Armed Citizens attended not a single officer from Gwinnett County Police Department responded even though there Was a complaint call (documented through Open Records Act.)


If a Mod will allow me to edit, I'll add everything to the front page for easy viewing.
Attached Files
File Type: pdf Summary Judgement against Proescher.pdf (129.9 KB, 31 views)
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Old 11-03-2013, 14:39   #23
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The quote in #22 is slightly misleading, it wasn't actually a new AR.

It was an 80% lower, but yes it Does make a sweet AR.
I even had it engraved and it has a custom serial number so I'll always remember why it's special.
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Old 11-03-2013, 16:05   #24
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Originally Posted by FourthPointOfContact View Post
Today, on the anniversary of the great 'trespassing arrest in Gary Pirkle Park', a dozen or so well armed men and women celebrated their freedoms and the right to keep and bear arms by having a friendly picnic at Gary Pirkle Park in Sugar Hill, Georgia.

The dozen openly carried pistols were apparently not sufficiently scary to the more than two dozen people celebrating a young boy's birthday party in the same outdoor pavilion to warrant a response from Sugar Hill's contracted security force. Neither were any of the estimated 100 other citizens in the city park alarmed enough to generate a response from the Gwinnett County Police Department's peace officers.

I wonder if a dozen openly and well-armed men and women were less of a threat than a solitary guy puffing his way around a walking track, or did Gwinnett County Police Department learn a valuable lesson? (And the exact value of that lesson is yet to be determined by the Court.)
Sounds good to me. You have to realize that most cops are good folks but if they or you are having a bad day that incidents can change what may have happened if you both were having good days. Glad to hear all is well.
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Old 11-03-2013, 18:37   #25
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Sounds to me like the attorneys ended up better than then the plaintiff.
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