Victory: Court Gives Green Light to Lawsuit over Activist Held at Gun Point by Police, Handcuffed and Arrested for Lawfully Carrying a Rifle During a Protest

Posted: October 22, 2015 by gamegetterII in Uncategorized

John W. Whitehead, Constitutional Attorney

RICHMOND, Va. — A federal court has rejected an attempt by a Virginia police officer to dismiss a lawsuit filed by The Rutherford Institute on behalf of a man who was arrested as he was engaged in a First Amendment protest against President Obama while lawfully carrying a rifle.

The order entered in Brandon Howard v. John Hunter, allows the lawsuit to move forward.

Rutherford Institute attorneys assert that the police violated Howard’s First Amendment right to free speech, Second Amendment right to bear arms, and Fourth Amendment right to be free from a groundless arrest when they confronted him with guns drawn and ordered him to the ground on the unfounded belief that Howard was violating the law by being in public with a rifle slung over his shoulder, when in fact his possession and display of the rifle was wholly legal and did not make him subject…

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