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Constitutional Law

: Of Arms and the Law

Roger Barnett case verdict

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Finally can talk about it. Dog tired after 2 wks of trial. Verdict I'd score as 90-95% defense win.

Court dismissed conspiracy against civil rights and some other claims. Dismissed case as to Mrs. Barnett and as to his brother Donald. Also dismissed claims by 10 of the 16 plaintiffs, who hadn't testified.

Jury verdict on remainder:

Civil rights violation: defense verdict.

Unlawful imprisonment: defense verdict.

Battery, allegedly kicking the girl: defense verdict.

Assault: defense verdict as to two, two got $1400 each (minus 25% for their own fault), two got a nominal $1.

Infliction of emotional distress: Two got $1,000 each (minus 25% for their fault) plus $10,000 punitives each, two got $7,500 each actuals (-25%) plus $20,000 each, two got a defense verdict.

We have good grounds for appeal on the two where some Ps won. But to sum up:

They lost 12 of 16 plaintiffs (10 dismissed, two defense verdicts on everything),

2 of 3 defendants,

their hope for atty fees award (which requiring winning one of the federal claims)

and got a total of under 0.5% of the $32 million they wanted,

and that's likely reversed on appeal.

Here are some of the photos we used as exhibits, showing illegal entrants, trash, and dumped drug loads on Roger and Barbara's land.

This from a supporter of Roger: "Anyone interested in making a contribution to Roger's defense by check, please send and address funds directly to:

Roger Barnett Legal Defense Fund
1498 E. Fry Blvd.
Sierra Vista, AZ 85635

or by Credit Card: call Barnett's Towing: 1-800-722-2303

- Tell them you want to make a credit card contribution to the Roger Barnett Legal Defense Fund
- At this time, there is no mechanism for making credit card contributions over the internet."

Full post as published by Of Arms and the Law on February 17, 2009 (boomark / email).

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