Monthly Archives: April 2015

Decision to throw out suit affirmed

Posted: April 11, 2015 at 7:49 am

A panel of appellate judges disagreed Thursday about whether an Arkansas prison inmate was entitled to a hearing on his complaint that a visual body-cavity inspection by prison guards violated his Fourth Amendment rights.

Two members of the three-judge panel agreed with U.S. District Judge D. Price Marshall Jr.'s decision to dismiss the handwritten, pro-se lawsuit on the grounds that the allegations "failed to rise to a constitutional violation."

But Judge Kermit Bye of Fargo, N.D., disagreed with his fellow panelists at the 8th U.S. Circuit Court of Appeals in St. Louis, writing in a partial dissent that he thinks Marshall should have conducted a "balancing test" to weigh the need for the search against an invasion of inmate Kendrick C. Story's personal rights.

"Despite broad rights of correctional officers to search prisoners, there are limits on when strip searches are appropriate," Bye wrote, citing previous 8th Circuit rulings. In those rulings, the appellate court said district judges may consider less-invasive techniques in deciding whether a strip search was reasonable, found it relevant that a strip search was conducted in a private bathroom, and held that strip searches should be conducted as far from public view as possible without compromising security concerns, in a manner that isn't degrading or humiliating.

In his lawsuit, Story said he was returning to the Williams Correctional Facility from a school at the Pine Bluff unit on April 16, 2013, when officers at the gate told him to remove his clothes, lift his genitals, and bend over and spread his buttocks for a visual body-cavity search. He complained that the search took place in front of other inmates and in view of two security cameras, and that female guards watched through a video feed from cameras in the master control room.

Marshall dismissed the case on July 30, 2013.

U.S. Circuit Judges Steven M. Colloton of Des Moines, Iowa, and Raymond W. Gruender of St. Louis said in their majority ruling affirming the dismissal that the prison guards were entitled to qualified immunity, making it "unnecessary and inefficient" to even consider whether there was a constitutional violation.

"Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments, and protects all but the plainly incompetent or those who knowingly violate the law," the majority opinion said, citing a 2013 ruling.

The majority also said that the U.S. Supreme Court "never has resolved whether convicted inmates retain a Fourth Amendment right against unreasonable searches while in custody," although it has said it didn't apply to a search of a prison cell because of "the close and continual surveillance of inmates and their cells required to ensure institutional security and internal order."

The 7th U.S. Circuit Court of Appeals, based in Chicago, has said inmates retain no rights under the Fourth Amendment regarding visual inspections by guards, but the 8th Circuit has said inmates are entitled to Fourth Amendment protections against unreasonable searches of their bodies, the majority opinion noted.

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Decision to throw out suit affirmed

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Colt 1911 Gold Cup Pistol for Sale – Video

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Colt 1911 Gold Cup Pistol for Sale
Second Amendment Auction A brief film showcasing one of our latest and greatest firearms up for auction. She #39;s a Colt 1911 Mark IV Gold Cup "National Match" pistol in a .45 caliber combination....

By: Second Amendment Giveaways

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Some Conservative Lawmakers Working To Roll Back Gun Restrictions – Second Amendment – Video

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Some Conservative Lawmakers Working To Roll Back Gun Restrictions - Second Amendment
Some Conservative Lawmakers Working To Roll Back Gun Restrictions - Second Amendment - America #39;s newsroom =========================================== **Please Click Below to ...

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Teaching the Bill of Rights: The Second Amendment – Part One – Video

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Teaching the Bill of Rights: The Second Amendment - Part One
Teaching the Second Amendment is an important yet often controversial classroom experience. Click HERE for the lesson plans that accompany this video: http://bit.ly/BoRSecondAmendment...

By: Bill of Rights Institute

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Teaching the Bill of Rights: The Second Amendment - Part One - Video

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SUNSET ON THE SECOND AMENDMENT 1080p – Video

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SUNSET ON THE SECOND AMENDMENT 1080p
I am just a middleman trying to spread the word FAIR USE NOTICE: This video may contain copyrighted material. Such material is made available for entertainment purposes only. This constitutes...

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Donald Rumsfeld, former Secretary of Defense – Video

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Donald Rumsfeld, former Secretary of Defense
Donald Rumsfeld talks about the NRA show, his guns and the Second Amendment.

By: GunsAmerica

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GOP hopefuls flock to NRA cattle call

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Updated at 6:15 p.m.

Nearly all of the 2016 GOP presidential hopefuls wereonstage Friday attheNational Rifle Association's annual leadership conference in Nashville, a GOP cattle-call of sortsthat gavethepotential candidates a chance to trumpet their Second Amendment bona fides.

Attendees heardfrom a majority of the GOP's first- and second-tier presidential primary contenders, former Florida governor Jeb Bush, Wisconsin Governor Scott Walker, Florida Sen. Marco Rubio, Texas Sen. Ted Cruz, Indiana Governor Mike Pence, South Carolina Sen. Lindsey Graham, former Texas governor Rick Perry, former Arkansas governor Mike Huckabee, former Pennsylvania senator Rick Santorum, Louisiana Gov. Bobby Jindal, retired neurosurgeon Ben Carson and businessman Donald Trump.

Notable absences? Kentucky Sen. Rand Paul and New Jersey Gov. Chris Christie, both of whom have a prickly relationship with the NRA and were not invited to attend -- Paul because of his affiliation with another gun-rights group and Christie who scores low on the NRA's scorecard. Paul told Bloomberg that it was the group's loss, not his: "To not be invited, probably, will serve more to cast aspersions on their group than it would on me. Because my record's pretty clear. It probably looks a little bit petty for them not to invite a major candidate because I raised money for other Second Amendment groups."

For those candidates who made the cut, today wasa critical campaign stop. The Post's David A. Fahrenthold reported on the role of gun rights in the GOP last month:

Even for those who dont own [guns],they are a bellwether of individual liberty, a symbol of what big government wants and shouldnt have. ... As the 2016 campaign gets going, guns and hunting will inevitably be part of its political theater. That may offer a chance for longtime gun-owning candidates to stand out....Already, on the campaign trail, several contenders have used their support for guns as a way to signal broader conservative bona fides. In a party full of internal arguments, this is one thing few will argue with.

Find the speech highlights below.

Bobby Jindal

Biggest applause line: "You sometimes get the idea that president Obama and Hillary Clinton believe that these are just crazy right-wing ideas...But these are not the ideas of a right wing conspiracy. These are the pillars of our nation. And thats why I was glad to write the law in Congress after Hurricane Katrina ensuring that never again can the government seize your firearms after a disaster."

Biggest flop: "I remember the days when Hollywood actually liked the First Amendment. Well maybe they havent read the First Amendment lately. Theyre too busy dealing with record-low movie attendance."

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Is encryption the Second Amendment for the Internet?

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Last week, FBI Director James Comey once again campaigned for backdoors into the encryption programs of tech companies, writes Sunday Yokubaitis at the Daily Dot.

Tech execs say privacy should be the paramount virtue, he told the House of Representatives Appropriations Committee. When I hear that, I close my eyes and try to imagine what the world looks like where pedophiles cant be seen, kidnappers cant be seen, [and] drug dealers cant be seen.

The United States government is playing to fear, uncertainty, and doubt. The reality is the government already collects a tremendous amount of personal data about its citizens through the location data our phones give away, National Security Agency metadata programs and online shopping habits without our consent.

Encryption is how privacy-conscious Internet users fight back against the unblinking eye of government mass surveillance and protect themselves online. Even if the NSA can break some encryption technologies, were at least making it harder and more expensive for them to track law-abiding citizens en masse. When Comey asks for backdoors, he is really just asking to make his job easierwith dubious benefits and very serious risks.

We must protect encryption because backdoors are inherently insecure.

Todays Question: Is encryption the Second Amendment for the Internet?

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NRA wants more than 'Second Amendment'

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Anita Wadhwani, USA TODAY 8:23 p.m. EDT April 10, 2015

The audience applauds while Louisiana Gov. Bobby Jindal speaks during the NRA convention at Music City Center in Nashville on April 10, 2015.(Photo: Shelley Mays, The Tennessean)

NASHVILLE Filing out of a ballroom after four hours of speeches by a dozen GOP hopefuls, National Rifle Association member Terry Brown said she was impressed by many of the speakers but was far from making up her mind about which potential candidate she might back in the next presidential election.

"I liked (Florida Sen. Marco) Rubio, but then again I've got to read up a lot more on how they stand on all the issues," said Brown, a 64-year-old office manager from Stafford, Va. "It's the first time I've ever heard some of them talk. I've got to hear more than the Second Amendment, because the next president is going to have to deal with so much more."

More than 3,000 NRA members on Friday heard from a slate of the Republican Party's most likely candidates at the NRA's annual meeting at Music City Center in Nashville.

USA TODAY

Rubio calls for stronger U.S. leadership in NRA speech

USA TODAY

6 things to know about the NRA national convention

At 10-minutes a speech, attendees heard abbreviated stump speeches from former Florida Gov. Jeb Bush, Dr. Ben Carson, Sen. Lindsey Graham, R-S.C., former Arkansas Gov. Mike Huckabee, Louisiana Gov. Bobby Jindal, Wisconsin Gov. Scott Walker, former Texas Gov. Rick Perry, U.S. Sen. Marco Rubio of Florida, former U.S. Sen. Rick Santorum, R-Pa., and billionaire businessman Donald Trump, among others.

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Nevada Panel OKs Bill to Create Pro-Second Amendment License Plates

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A Nevada Senate committee has passed a bill authorizing special license plates showing support for the Second Amendment.

The Senate Transportation Committee voted unanimously Thursday to pass Senate Bill 229, which is sponsored by Republican Sen. Don Gustavson. It now heads for a vote on the Senate floor.

The proposed license plate design features a frontiersman with a gun and the words "Battle Born" and "Protect the Second Amendment." It would cost more than the standard Nevada license plate design.

Proceeds from sales of the plate would benefit the Nevada Firearms Commission. The committee added an amendment specifying that the money must be used for gun training or gun safety education.

Republican Committee Chair Scott Hammond said he didn't want the funds to be funneled to political activities

To read more about bills in this session, click here.

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