Federal Court Refuses to Dismiss 2A Civil Rights Case Against Police Officers - Ammoland.com

 Federal District Judge Joe Billy McDade has refused to dismiss a lawsuit against individual police officers for willful actions to deprive an Illinois man of his Second Amendment rights under 42 U.S.C. § 1983. This civil rights case was filed on February 6, 2024. The plaintiff in the case is ROBERT K. KUHLMAN; the Attorney representing Mr. Kuhlman is David Sigale. David Sigale has had considerable success in representing clients in Second Amendment cases.

According to court documents, on July 17, 2023, Mr. Kuhlman’s mother called him and the police about an alleged trespasser who would not leave her home. The trespasser was acting strangely. Kuhlman arrived at the home. He asked the intruder to leave. The intruder started to reach into a bag. Mr. Kuhlman drew his pistol and held the intruder for police. The incident occurred in Normal, Illinois.

Police arrived and searched the intruder, asked for and received Mr. Kuhlman’s handgun, then returned it to him. They transported the intruder to a facility for mental evaluation. They did not arrest or charge Mr. Kuhlman.

Later, one of the police officers, Officer Nicholas Hines, and his supervisor, Officer Serena Cunningham, filed a report to the Illinois State Police, contending Mr. Kuhlman was a “clear and present danger” to himself and others. Mr. Kuhlman had his Firearms Owner Identification Card and his Concealed Carry License revoked. Mr. Kuhlman claims the report included significant and deliberate factual errors, resulting in the loss of his Second Amendment rights.

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