WE ARE GONG TO THE 9th CIRCUIT?
From Hawaii Firearms Coalition, March 26, 2021
With the Young decision FINALLY coming out, we thought we would be able to FINALLY move on with our Taser lawsuit.
BUT NOPE. When we filed a motion to lift the stay on the case, the judge unilaterally decided to say no thanks.
"On March 24, 2021, the Ninth Circuit Court of Appeals issued its en banc decision in Young v. State of Hawaii, 12-17808.
The mandate has not yet issued.
The Court will not act until the Young proceedings have concluded.
On March 24, 2021, the Honolulu Star-Advertiser reported that Attorney Alan Beck, who is Plaintiff's counsel in Young and is also Plaintiff's counsel here for Mr. Roberts, stated he will ask the United States Supreme Court to review the Young decision, asserting "We are hopeful the Supreme Court will grant review in Mr. Young's case." (AP: Ruling Upholds Hawaii's Limits On Carrying Guns In Public).
Plaintiff's MOTION TO LIFT STAY (ECF No. ) is DENIED."
So what does this mean? It means the Judge has decided that even though the Plaintiff (the state) has said the lawsuit can go on, she's decided she's not going to hear it.
How did she make this determination? She read a news article in which our Lawyer said he was going to appeal Young.
Effectively our taser lawsuit becomes stayed INDEFINITELY pending an appeal that has not been accepted by the U.S. Supreme Court and in fact, hasn't even been filled with them yet.
So because of that, we have had to file an appeal with the 9th circuit, basically asking them to step in and get the lawsuit back on track.
STAY TUNED FOR MORE UPDATES.
PDF: Taser Motion Filed
2018: Lawsuit: Hawaii Taser Ban is Unconstitutional
March 24, 2021: Carrying Guns in Public Is Not a Constitutional Right, Ninth Circuit Rules