The city of West Allis has agreed to pay $30,000 to settle a federal civil rights lawsuit prompted by one of the first tests of Wisconsin residents’ right to openly carry guns.
Brad Krause was planting a tree in his backyard in August 2008 — while wearing a holstered handgun — when police arrived, drew their weapons and arrested him.
In February 2009, a municipal judge found Krause not guilty of disorderly conduct, and in April of that year state Attorney General J.B. Van Hollen issued a memo advising law enforcement agencies that the mere fact of wearing a gun, by itself, would not support a charge of disorderly conduct.
Krause sued the city in federal court in 2010.
“This is a clear victory for Mr. Krause and Wisconsin residents who wish to assert their rights under the state and federal Constitution to bear arms lawfully,” said his attorney, John Schiro.
In reaching the settlement, the city did not acknowledge any wrongdoing.
Several other gun rights advocates arrested for openly wearing their weapons in public, assisted by Wisconsin Carry Inc. and a Georgia attorney who specialized in such cases, have won similar lawsuits against other Wisconsin municipalities. Settlements ranged from $6,500 or $7,500 to $10,000.
Police engaged in perpetual harassment of Mr. Krause:
But after his acquittal, and even after the Van Hollen memo, Krause contends, he was warned by West Allis police that if he wore a gun in the city he would be arrested again.
In fact, when TV reporters were interviewing Krause in West Allis about the Van Hollen memo on April 21, 2009, two squad cars pulled up with their emergency lights on, and officers began to question Krause, according to his lawsuit.
“During the questioning, one officer stated that had television camera not been filming, Plaintiff would have been taken to the ground at gunpoint, disarmed, and possibly arrested,” the suit reads.
Now keep this in mind, the officers knew who this citizen was, knew he was not a threat, and yet they put him at gunpoint anyways, meaning that they were looking for an excuse to pull the trigger and take his life.
Self defense shootings in Detroit are up 79% as the police has been cut from 5,000 to 3,000 – LINK.