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Bauer v Armslist LLC - Civil suit in Milwaukee federal district court


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#1 Euler

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Posted 14 February 2020 - 02:14 PM

Chicago Tribune

A federal lawsuit has been filed against the online gun dealer Armslist for facilitating the sale of a handgun that was used in the 2018 fatal shooting of on-duty Chicago police Cmdr. Paul Bauer.

The lawsuit was filed in Milwaukee federal court on behalf of the family of Bauer, who was shot and killed in February 2018 in the Loop, allegedly by a convicted felon.

The lawsuit was filed by the Brady organization, formerly known as the Brady Campaign to Prevent Gun Violence, which has brought numerous other lawsuits that target the gun industry for negligence that leads to gun violence, including against Armslist.
...


DocumentCloud (PDF)

Plaintiff Erin Bauer, by and through her attorneys, states and alleges as follows:

Introduction

1. This lawsuit concerns the irresponsible, negligent, reckless, and intentional actions of Defendants who chose to place profits over people by creating and maintaining an Internet gun marketplace that routinely armed the criminal gun market, and a Chicago police commander who died as a result.

2. Armslist, LLC ("Armslist"), Brian Mancini, Jonathan Gibbon and Broc Elmore (collectively "the Armslist Defendants") intentionally designed and maintained www.Armslist.com to actively encourage, assist and profit from the illegal sale and purchase of firearms.
...
Requested Relief

WHEREFORE, Plaintiff respectfully prays for judgment against the Defendants as follows:

(i) an award of compensatory damages, on behalf of the estate of Commander Paul Bauer, from Defendants in amount to be determined at trial;

(ii) an award of compensatory damages, on behalf of Erin Bauer, from Defendants in an amount to be determined at trial;

(iii) an award of punitive damages, on behalf of the estate of Commander Paul Bauer, from Defendants in amount to be determined at trial;

(iv) an award of punitive damages, on behalf of Erin Bauer, from Defendants in an amount to be determined at trial;

(v) an injunction directing the Armslist Defendants to stop creating a public nuisance in regards to supplying a criminal firearms market by instituting various safeguards and reforming their business practices on Armslist.com or, in the alternative, to shut down their operations;

(vi) a ruling piercing the corporate veil to hold Mancini, Gibbon and Elmore personally liable for any damages imposed on Armslist;

(vii) for all costs, disbursements and actual attorneys’ fees, and all interest due and following pursuant to Wis. Stat. § 628.46 and

(viii) granting such other and further relief as the Court deems just and proper.

PLAINTIFF DEMANDS A JURY TRIAL.


BTW, Milwaukee is where the shooter bought the Glock 26 in question.

Edited by Euler, 14 February 2020 - 02:26 PM.

The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#2 mrmagloo

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Posted 14 February 2020 - 02:23 PM

Didn't the Brady bunch go after Armslist in the past, and lost?



#3 Euler

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Posted 14 February 2020 - 02:40 PM

Didn't the Brady bunch go after Armslist in the past, and lost?


Daniel v Armslist was also originally brought in Wisconsin. Wisconsin courts dismissed it. Daniel appealed to the US Supreme Court. The Supreme Court rejected the cert petition.

Edited by Euler, 14 February 2020 - 02:41 PM.

The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#4 mrmagloo

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Posted 14 February 2020 - 03:53 PM

Yeah, that's what I thought. Can't see how the landscape will change here?



#5 ChicagoRonin70

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Posted 14 February 2020 - 04:36 PM

So, let me get this straight.

 

The Brady Anti-Civil Rights Campaign is instigating the family of heroic Chicago Police Officer to file a lawsuit that precedent has shown will fail, and conspiring to stick the officer's widow and family with the court costs and legal fees, while Brady uses the opportunity to push their anti-Constitutional agenda at the family's expense and likely bankruptcy, the way they did with the Aurora shooting and subsequently lost lawsuit against Lucky Gunner?

 

While the Brady Clownpain took in $25 million in 2014/2015, the same year that the poor dupes they took advantage of had to pay more than $200,000 of their own money for a frivolous lawsuit that they had been manipulated into filing by the uncaring ideological vultures who hung them out to dry when the bill came due.

 

Right. That's about as despicable a scheme imaginable, on the Brady's behalf. 



"A well educated Media, being necessary for the preservation of free speech, the right of the people to keep and read books, shall not be infringed."  
"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."
 
Who gets to keep and read books? The Media? Or is it the People?
 

"One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest." —Me

 

"Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck."—Samurai proverb

 

"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."—Robert Heinlein

 

"I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist."—Me

 

"It ain't braggin' if you done it."—Will Rogers

 

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#6 ChicagoRonin70

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Posted 15 February 2020 - 03:13 PM

Per a confidential contact of mine, I have heard rumblings that Armslist may very well sue for filing a frivolous nuisance suit against them, if and when they win the case (as they are likely to, given the outcomes of Daniel v. Armslist and the Aurora/Lucky Gunner case), backed by some pro-firearm orgs, as a way of turning the Brady tactics back against them. However, as is expected, the Brady clowns are not actually parties to the suit, just pushing the grieving families in front of the ambulance and capitalizing on the publicity.


Edited by ChicagoRonin70, 15 February 2020 - 03:14 PM.


"A well educated Media, being necessary for the preservation of free speech, the right of the people to keep and read books, shall not be infringed."  
"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."
 
Who gets to keep and read books? The Media? Or is it the People?
 

"One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest." —Me

 

"Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck."—Samurai proverb

 

"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."—Robert Heinlein

 

"I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist."—Me

 

"It ain't braggin' if you done it."—Will Rogers

 

InX89li.jpg     


#7 Euler

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Posted 15 February 2020 - 03:40 PM

... the Brady clowns are not actually parties to the suit, just pushing the grieving families in front of the ambulance and capitalizing on the publicity.


One of the lawyers is from Brady. I don't know what she got for insurance or pension, but Bauer's widow may be judgment-proof.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#8 ChicagoRonin70

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Posted 15 February 2020 - 03:52 PM

 

... the Brady clowns are not actually parties to the suit, just pushing the grieving families in front of the ambulance and capitalizing on the publicity.


One of the lawyers is from Brady. I don't know what she got for insurance or pension, but Bauer's widow may be judgment-proof.

 

 

The lawyer, being an employed court officer, would not be liable for a judgement against for costs. Only the plaintiff.

 

The widow's pension might be judgement proof, but other assets may not be. Only social security, a pension, disability income or a VA benefit, that income cannot be garnished because it is protected by federal law. Federal regulations only require that banks and credit unions protect twice the amount of monthly social security electronically deposited into a bank account from garnishment.

 

In other words, she could still be liable for a legal fees if the suit loses, as well as other assets and income that aren't pension-connected could be targeted by a counter suit. 



"A well educated Media, being necessary for the preservation of free speech, the right of the people to keep and read books, shall not be infringed."  
"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."
 
Who gets to keep and read books? The Media? Or is it the People?
 

"One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest." —Me

 

"Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck."—Samurai proverb

 

"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."—Robert Heinlein

 

"I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist."—Me

 

"It ain't braggin' if you done it."—Will Rogers

 

InX89li.jpg     


#9 ChicagoRonin70

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Posted 15 February 2020 - 09:53 PM

The link above to Daniel v. Armslist isn't working. Here's the link:

 

http://illinoiscarry...showtopic=73074


Edited by ChicagoRonin70, 21 February 2020 - 07:30 PM.


"A well educated Media, being necessary for the preservation of free speech, the right of the people to keep and read books, shall not be infringed."  
"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."
 
Who gets to keep and read books? The Media? Or is it the People?
 

"One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest." —Me

 

"Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck."—Samurai proverb

 

"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."—Robert Heinlein

 

"I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist."—Me

 

"It ain't braggin' if you done it."—Will Rogers

 

InX89li.jpg     


#10 steveTA84

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Posted 22 February 2020 - 06:45 AM

Opinion piece, but makes the base about Brady using the family for their own purpose

https://www.mom-at-a...cer-for-failure

#11 ChicagoRonin70

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Posted 27 February 2020 - 12:09 AM

Opinion piece, but makes the base about Brady using the family for their own purpose

https://www.mom-at-a...cer-for-failure

 

I have it on good authority that a close blood member of Bauer's widow has been sent the link to that article. Will the widow actually read and heed the warning that the Brady Vultures are planning to feast on the gory remains of the slaughter they are instigating so they can dance in the bloody remains? That remains to be seen.



"A well educated Media, being necessary for the preservation of free speech, the right of the people to keep and read books, shall not be infringed."  
"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."
 
Who gets to keep and read books? The Media? Or is it the People?
 

"One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest." —Me

 

"Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck."—Samurai proverb

 

"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."—Robert Heinlein

 

"I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist."—Me

 

"It ain't braggin' if you done it."—Will Rogers

 

InX89li.jpg     


#12 top_notch

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Posted 29 February 2020 - 09:56 PM

  The issue with Armslist suing the family is the loss in the court of public opinion, especially if they win.  I recall something similar happening (can't recall the exact case) and the "press" had a field day.  The liberal media will get a hold of it and have a field day is all I'm saying.  (Rightly or wrongly)



#13 ChicagoRonin70

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Posted 29 February 2020 - 10:33 PM

  The issue with Armslist suing the family is the loss in the court of public opinion, especially if they win.  I recall something similar happening (can't recall the exact case) and the "press" had a field day.  The liberal media will get a hold of it and have a field day is all I'm saying.  (Rightly or wrongly)

 

If you read articles about what the Brady Vultures do, it's pointed out that it's exactly what those despicable con artists are hoping for.

 

"For practical purposes, the Brady Campaign should pay the legal costs. For political purposes, it’s better for them if they do not. What better way for Brady to play up the martyr angle for the Phillipses than by decrying the gun dealer who “bankrupted” them for wanting said dealer to take some “responsibility” for their actions? In the long run, that’s a much better story for the Brady Campaign to weave than paying the legal costs associated with a failed lawsuit they encouraged."


Edited by ChicagoRonin70, 06 March 2020 - 09:23 PM.


"A well educated Media, being necessary for the preservation of free speech, the right of the people to keep and read books, shall not be infringed."  
"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."
 
Who gets to keep and read books? The Media? Or is it the People?
 

"One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest." —Me

 

"Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck."—Samurai proverb

 

"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."—Robert Heinlein

 

"I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist."—Me

 

"It ain't braggin' if you done it."—Will Rogers

 

InX89li.jpg     


#14 mrmagloo

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Posted 01 March 2020 - 01:12 PM

The issue with Armslist suing the family is the loss in the court of public opinion, especially if they win.  I recall something similar happening (can't recall the exact case) and the "press" had a field day.  The liberal media will get a hold of it and have a field day is all I'm saying.  (Rightly or wrongly)

So, allow the Brady Bunch and the rest of the radical Antis to continually bring frivolous, harassing suits against Armslist that cost a ton of money to defend - And you expect them to stay on their heels? Imho, let the liberals spread the word far and wide that when you abuse the Judicial system, be prepared to pay dearly when you lose. A field day is exactly what we need.

While I feel for this woman's loss, she has been warned and she will have nobody but herself to blame if she continues down this path. People need to be held accountable for their actions, and her loss doesn't give her the right to lash out and harm the innocent.

Edited by mrmagloo, 01 March 2020 - 01:22 PM.


#15 Mr. Fife

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Posted 03 March 2020 - 12:49 PM

Megan Crepeau on Twitter @crepeau is live tweeting the trialofCommander Bauer's killer
Have all boated who fish?
Have all boated who fish?
Have all boated who fish?
 
 

#16 Mr. Fife

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Posted 03 March 2020 - 12:52 PM

https://twitter.com/...2561644546?s=19
Have all boated who fish?
Have all boated who fish?
Have all boated who fish?
 
 

#17 Colt guy

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Posted 03 March 2020 - 01:54 PM

Seems a shame to use these good people who lost a good husband/father by the hand of a scumbag who illegally bought a gun and illegally murdered someone. But the scumbag has no money to give so Brady Bunch targets a website in the hopes of a payday. Scumbags “family” would be suing the Commanders family had he been able to nullify scumbags life. I hope Mrs Bauer gets some better advice. Scumbags get guns illegally. 


Leave the gun. Take the cannoli.




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