Medical Waiver Lawsuit Settled (Santucci) (Read 465 times)

changemyoil66

Medical Waiver Lawsuit Settled (Santucci)
« on: May 25, 2023, 08:35:57 AM »
This is the homesick sailor.

City settled (lost) and has to pay $100k and state pays $28k.

They cannot deny u just because u saw a professional or require a waiver for a non diagnosed condition.

So bad week for HI, $180k lost due to anti 2a laws.

So HPD was making up their own rules as he was never professionally diagnosed.

Thanks to Hifico, Alan Beck, and Kevin Ogrady.

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Flapp_Jackson

Re: Medical Waiver Lawsuit Settled (Santucci)
« Reply #1 on: May 25, 2023, 09:36:02 AM »
This is the homesick sailor.

City settled (lost) and has to pay $100k and state pays $28k.

They cannot deny u just because u saw a professional or require a waiver for a non diagnosed condition.

So bad week for HI, $180k lost due to anti 2a laws.

So HPD was making up their own rules as he was never professionally diagnosed.

Thanks to Hifico, Alan Beck, and Kevin Ogrady.

is the settlement agreement available? 

Details, details...
'In our obscurity, in all this vastness,
there is no hint that help will come from elsewhere
to save us from ourselves."

-- Carl Sagan

Flapp_Jackson

Re: Medical Waiver Lawsuit Settled (Santucci)
« Reply #2 on: May 25, 2023, 09:38:31 AM »
Quote
But Honolulu and the state will need to take the high court decision into consideration when
overhauling the process to ensure others aren’t precluded from obtaining permits based on
disclosing previous mental health counseling, said Alan Beck, another attorney representing
Santucci.

“What the judge is saying is Honolulu is misapplying the law. They’re getting Hawaii law wrong,”
Santucci said. “If you marked ‘yes’ on counseling, then you’ve lost your gun rights.”

https://www.civilbeat.org/2022/11/hawaii-gun-permit-ruling-sides-with-homesick-navy-officer/

This story is from Nov 2022.  What took so long for it to be posted here?
« Last Edit: May 25, 2023, 09:47:59 AM by Flapp_Jackson »
'In our obscurity, in all this vastness,
there is no hint that help will come from elsewhere
to save us from ourselves."

-- Carl Sagan

Flapp_Jackson

Re: Medical Waiver Lawsuit Settled (Santucci)
« Reply #3 on: May 25, 2023, 10:14:21 AM »
I found the answer I was looking for....

I'm now curious whether HPD and the state will be turds and only apply the ruling to registrations, not permits to acquire.




https://docs.justia.com/cases/federal/district-courts/hawaii/hidce/1:2022cv00142/158446/48
'In our obscurity, in all this vastness,
there is no hint that help will come from elsewhere
to save us from ourselves."

-- Carl Sagan

nathanm14fan

Re: Medical Waiver Lawsuit Settled (Santucci)
« Reply #4 on: May 26, 2023, 05:15:25 AM »
I wonder how this wil impact those of us who have Kaiser and were forced to get clearance letters even though we too were never diagnosed with something. Whenever I've registered the little screen they have us digitally sign say "must bring clearance letter every time". I'd love to not have to endlessly prove a negative every time I go to HPD.

Flapp_Jackson

Re: Medical Waiver Lawsuit Settled (Santucci)
« Reply #5 on: May 26, 2023, 10:25:15 AM »
I wonder how this wil impact those of us who have Kaiser and were forced to get clearance letters even though we too were never diagnosed with something. Whenever I've registered the little screen they have us digitally sign say "must bring clearance letter every time". I'd love to not have to endlessly prove a negative every time I go to HPD.

If you paid a couple hundred bucks to get a letter, you could file a lawsuit in small claims court.  According to the ruling, the police department went beyond the law in establishing policies that forced applicants to get that letter even though the applicant was never diagnosed with any significant mental illness prior.

No lawyer cost to you -- just a small filing fee and whatever it might cost to serve the papers on the police chief -- about $17.00 for proper postal services to obtain a signature if you choose to mail it.

If you name the police chief specifically, he and/or his lawyers will have to appear unless they offer to settle.   If they fought every lawsuit for such a small amount, they would bankrupt the city with lawyer expenses.  I expect they's reimburse you and avoid any admission of wrongdoing.

I'd also tack on a thousand for negligence and interference with a constitutionally protected right.  I believe they can't hide behind qualified immunity if they violate the constitution and/or state law -- which we see now has been ruled they did just that.

But, since i never had to get that letter, I can only live vicariously through others who suffered!   :geekdanc: :shaka:
'In our obscurity, in all this vastness,
there is no hint that help will come from elsewhere
to save us from ourselves."

-- Carl Sagan

changemyoil66

Re: Medical Waiver Lawsuit Settled (Santucci)
« Reply #6 on: May 26, 2023, 10:33:57 AM »
I wonder how this wil impact those of us who have Kaiser and were forced to get clearance letters even though we too were never diagnosed with something. Whenever I've registered the little screen they have us digitally sign say "must bring clearance letter every time". I'd love to not have to endlessly prove a negative every time I go to HPD.
Hmmmm....class action lawsuit?

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Flapp_Jackson

Re: Medical Waiver Lawsuit Settled (Santucci)
« Reply #7 on: May 26, 2023, 11:02:16 AM »
Hmmmm....class action lawsuit?

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Class action always sounds good unless you've been a party to one.  The settlement usually makes the lawyers richer while the injured "class" shares in some sort of compensation.  Sometimes it's a check for $0.25 or a discount coupon for the very product you sued over.  Regardless, the individual often winds up with less than they deserve while they forfeited their right to bring any legal action themselves.

I know it's fiction, but Grisham bases his novels on reality while doing massive amounts of research to get the details as realistic as possible.  His book The King of Torts is a great story that illustrates how lawyers get dollar signs in their eyes by getting as many clients signed up for a class action as possible.  When it comes time to settle, the clients normally get much less than they need/expect.

Erin Brockovich is another example.  While what she and her team did was unprecedented, I don't know if it made her clients "whole."  The settlement was for $333 Million.  The law firm kept $133.6 Million (of which $2.5 Million went to Brockovich), leaving less than 2/3, or $199.4 Million to be divided among the more than 600 plaintiffs.  That came out to less than $300K per class member, which seems like a lot until you realize many of the members were suffering, or had a high chance of suffering in the future, from cancer and other disease caused allegedly by ground water contamination.  Most residents moved away from the town to avoid exposure -- another big cost for a family to take on.  Even though this was a win for the class action, it was an anomaly.  Most lawsuits like this take a really long time and almost never see these sizes of awards.  They were just lucky a whistleblower had the documentation to prove the company was at fault.

Anyway, before anyone gets excited, do some research on recent class action lawsuits and how many are just windfalls for the law firms.
'In our obscurity, in all this vastness,
there is no hint that help will come from elsewhere
to save us from ourselves."

-- Carl Sagan

hvybarrels

Re: Medical Waiver Lawsuit Settled (Santucci)
« Reply #8 on: May 26, 2023, 08:15:08 PM »
According to Civil Beat this means the NRA will start handing out free guns at local mental hospitals

Oh right we don't have those any more

https://www.civilbeat.org/2023/05/been-to-therapy-you-can-still-register-your-firearm-in-honolulu-judge-rules/
Disinformation is a fact that the government finds inconvenient.

zippz

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changemyoil66

Re: Medical Waiver Lawsuit Settled (Santucci)
« Reply #10 on: May 27, 2023, 03:57:01 PM »
Intersting reading the april 2022 thread. Basically hpd is applying the law wrong.

This is costing the city/state $. "Bring ur completed lower back after building", the famous phrase.

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