Thursday, August 29, 2013

A Disparaging Decision


In some previous posts, I have alluded to pending lawsuits related to my late husband’s death.  One of these suits is against the Champaign County Sherriff’s Office and the Illinois State Police.

To summarize, my husband did NOT have a valid FOID (Firearm Owner’s Identification Card); he had a very public history of mental illness in our community; he was labeled a mental prohibitor by the State of Illinois and he had an arsenal of weapons and ammunition. 

I had an order of protection against him, informed authorities about his gun collection, repeatedly asked for help getting the guns out of the house and was repeatedly denied.

A suit was filed on my behalf in federal court on the basis of sex discrimination.  Just to clarify, I have always considered myself a conservative and have never ridden on the coattails of any kind of discriminatory status.  However, this suit was brought forth based on the fact that law enforcement stated that I was “crying wolf” when requesting help, that law enforcement refused to remove the weapons stating that “as long as my husband’s name was on the title the house they would do nothing,” among other things.  These accusations are further validated by an affidavit from a now retired Illinois State Police officer who I reached out to for assistance.

We received a very favorable ruling at the district level that this case had merit and could proceed.  The State of Illinois then filed an Interlocutory Appeal at the 7th Circuit Appellate Court claiming that there were no legal grounds for the case to be brought forward.  Last September, each side was allotted 15 minutes to present their respective argument as to why the case should or should not go forth.

Earlier this week, we received a ruling . . . almost one year afterwards.  We lost at the 7th Circuit.

To further magnify the gravity of this outcome, it should be known that Illinois has some of the strictest gun laws in the country; Illinois (namely Chicago) has some of the highest gun violence stats in the country; and more specifically and in my particular case, when authorities are made aware of an illegal gun collection they turn their backs and aren’t held accountable.

What happened to my family was a travesty.  And now I feel as if our lives are so insignificant; we really don’t matter and we are left to be nothing more than a casualty of the system. I’m still trying to process this outcome and Judge Easterbrook’s decision and summary.

We have a very, very serious societal problem.  Until law enforcement, the judiciary system, mental health providers, and caregivers have a productive dialogue and work together toward change, we will continue to pick up the pieces from tragic shootings, unnecessary deaths and insurmountable grief.  

Yes, more Gabby Gifford’s, more Sandy Hooks, more Aurora Colorado’s and more Stephanie Bond’s.

Wake Up America!



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