Buddy of mine is sueing for time lost/unlawful detainment

[HutSiteDigger]

Buddy of mine who is been digging for years got detained on a piece of property he had written permission to hunt - the landowner lives in Cali and sent him a e-mail in which he gave written permission, the site is set to be excavated two days later and his permission was only for one day and he can not hunt the site while it is being excavated due to all sorts of utilities being put in, he pulled to the side of the road and got out to hunted and within 30 minutes someone who has been using that property and thinks they own it detained him on the property til the police showed up, it took the police 45 minutes to get there and another 45 or so minutes to figure out the written permission, they called the land-owner in Cali and the phone went to voice mail, the guy who detained him swore the Written permission was fake and the guy in Cali wouldn't allow for such MDing to go on @ this historical site. Finally the land-owner called back the police officer and told him he gave the guy permission and the guy who detained him had no rights to even be on the property, by then the time was lost and he was not able to get a good days of digging in and it was his only time to be able to hunt the site which he is been eye-balling to hunt for years and finally got permission after seeing the heavy equipment sitting @ the spot... He said he is so sick and tired of people who have done this to him over the years acting like they own something or just want to go power hungry and ruins someone day, so - he went down to the court house and filed a civil law-suit against the person who detained him for "unlawful detainment, time lost, emotional distress,etc.. He is asking for $3,000 in damages... Do you think he will win? This happened in Fredericksburg.

 

[Army of 1]

Not sure on the laws in the USA or the rights of both parties , but i would have been awfully peeved off . How was he detained was it at gun point , why didn't your buddy just walk away or call the LEO's himself to get it sorted , if he was detained illegally i reckon he has a good case .. cheers Mick

 

[HutSiteDigger]

Not sure on the laws in the USA or the rights of both parties , but i would have been awfully peeved off . How was he detained was it at gun point , why didn't your buddy just walk away or call the LEO's himself to get it sorted , if he was detained illegally i reckon he has a good case .. cheers Mick

From my understanding the guy blocked his truck in and he could not leave... also the landowner bought this piece of land about two months ago and the guy who detained him was good friends with the previous land-owner.

 

[Jason in Enid]

Sounds like he has a very good case! I hope he wins! I also hope he included that the defendant is responsible for all court and lawyer costs of the suit.

 

[Alan Applegate]

I'm not a lawyer, but one of my very best friends just happens to be (a judge no less). I emailed this to him, and his reply as short, and sweet: Pick the battles you can win, and run from those you can't. This is one you can't!

 

[Tom_in_CA]

I agree with Jason. I hope he wins. As far as what Alan says (that a lawyer friend of his says it's a weak case), ... well, that may be true. But weak vs strong, for legal purposes of suing ... I think we can all still agree that the md'r in this case was clearly right. Sheeek, what more can you ask for than written permission ? You can't get any more iron-clad than that.

 

[vor]

Your buddy will spent much more time and energy pursuing than he lost. Since his actions were not malicious (he was trying to help his old bud), no way to win.

 

[Ronzie]

If he blocked me in I would've detected till the cops showed up. If the guy tried to stop me by force then my other hobby would come into play.

 

[vor]

If the guy tried to stop me by force then my other hobby would come into play.

Ballroom dancing

 

[BARKER]

Hi HutSiteDigger; First is that US Law says that if "ANYONE" detains another person against their will this will Constitute either Kidnapping or False Arrest. The second anyone prevents you from leaving an area or to even walk away it "IS" either KIidnapping or False Arrest. The clown "ILLEGALLY" prevented your friend from leaving the site. Also he by his actions "CONFISCATED" your friends truck by preventing your friend from using it at all. Tghis is also "ILLEGAL" no matter where you go in this great Country. A far as "Emotional Distress", Forget it, he won't get a dime.Courts do not award damages based on Emotional Distress. Make sure as Jason In Enid said that your friend includes all Court, Medical, vehicle, and legal expenses a well. How do I know all this ?? I myself was literally kidnapped and shot at 4 times in the back of a car in 1976. I went through hell but I won my case and the guys who got me went away for 10 years each. Good ridance to the scum.Also the guy who stopped him can be Criminally charged for what is called the false "Assumption Of Power". A legal way of saying "Impersonating a Police Officer" or Assuming the Powers of a Police Officer. The "ONLY" time a Citizen can legally Assume this Power is when that Citizen observes a "FELONY" in "IN PROGRESS". It "MUST" be in "PROGRESS" or that Citizens Actions are Illegal. Ok Now that you have a pretty good Low Down on this mess let your friend now. He does have a cease. That he acted "PROPERLY" in this situation and he is to be applauded for having done so. Now I will wait for the feed back I "know" is coming ok. No folks, I am not a Lawyer but I DO know the Laws via my own personal Hellish experience ok. I went to every Court from Probable Cause to Grand Jury on my case and I won. You guys take it from there. Hey Hut; Let us know on this on ok. Thanks. PEACE:RONB

 

[joerc2002]

i belive i would have just hunted while i was detained, i got permission and the right to be there i would got out my MD and let the other guy waste his time, while i hunted for goodies... jmo. but i carry more than MD , pin pointer and shovel.. so if a stranger was in the frame of mind to hold me by threat of life (here in ky) it would have been a bad day for him...

 

[vor]

Hello Barker
Sorry to hear about your episode of being kidnapped and shot at. Unfortunatley that is a bit different from this situation. The officer on the scene used his discretion and let it go (rightfully so imo). You have to look at intent and this guy was just trying to protect his friends property. He did owe the MD an apology though.

People are too quick to sue in this society (not saying you didn't have cause and every right in your situation). This was just a mistake with good intentions. JMO

 

[Ronzie]

Ballroom dancing

Maybe for the guy.
I've taken martial arts for many years and am a 2nd degree dan in Tsuruoka Karate. A simple aikido wrist lock would be enough.
Self-discipline.. Defend the paths of truth, foster the spirit of effort and honor the rules of etiquette.

 

[fella]

Maybe for the guy.
I've taken martial arts for many years and am a 2nd degree dan in Tsuruoka Karate. A simple aikido wrist lock would be enough.
Self-discipline.. Defend the paths of truth, foster the spirit of effort and honor the rules of etiquette.

And if the guy knew gunfu? You'd be screwed!

 

[Jason in Enid]

When you can snatch the minnie ball from my hand, you are ready to relic hunt.

 

[Fletch88]

I think I work with this "detainer" guy! Or at least he acts just like this at work. LARGE AND IN CHARGE. ( wanna be Bossman ) without enough sense to pour piss out of a boot!

 

[gleaner1]

The gentleman is innocent. He just has to let it go. If he wants he can press the police to charge the other guy with issuing a false statement, or outright fraud. The bad guy was lying to the police plain and simple. Felony....

 

[Jason in Enid]

Filing a false police report.

 

[gleaner1]

Thanks Jason....

 

[civil_war22]

False imprisonment, kidnapping 3rd, and unlawful seizure