Wounded criminal loses lawsuit

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.

Crosstimbers Okie

Sharpshooter
Special Hen
Joined
Jul 16, 2006
Messages
636
Reaction score
0
Location
KC, MO
Sometimes a thug is simply better off asking for a hug when his feelings are hurt. Garnishment of his inmate commissary/telephone account is going to hurt for a long, long time. Probably longer than his feelings will hurt. How much do trial lawyers charge nowadays? $175, $200 an hour? I wonder how many hours Mr. Jamison spent on the case? Most prison jobs pay somewhere in the vicinity of $7.20 per month. No Zoo-Zoos & Wham-Whams for this turd. Strictly chow hall food for him. He'll have to turn tricks and wash laundry for other thugs if he wants any extra amenities at all.

Where's my handkerchief?


http://www.wmsa.net/people/kevin_jamison/kj_122103_wounded_criminal_loses_lawsuit.html

KEVIN L. JAMISON

ATTORNEY AT LAW

20 March 2012 IMMEDIATE RELEASE

WOUNDED CRIMINAL LOSES LAWSUIT

The dismissal of a $10 million lawsuit has provided the first known test of a Missouri statute (RSMo 563.074) designed to protect persons who act in self-defense.

A neighborhood disturbance awakened Anthony Costanzo at 4 AM on 7 July, 2009. The disturbance later proved to be gunshots and evolved to unknown persons vaulting fences into his grandmother’s yard. Mr. Costanzo, who has a License to Carry, left his home to check on his grandmother’s safety taking his cell phone and .40 Glock Model 27 pistol. He was confronted by the cause of the disturbance, Mr. Elijah Flores Sr., who leveled a shotgun at him. Mr. Constanzo drew his pistol and directed Mr. Flores to lower the shotgun. Mr. Flores instead moved to take cover. Mr. Costanzo, exposed in the middle of the street, had no choice but to fire. Mr. Costanzo called an ambulance and the police. Mr. Costanzo was never arrested, charged or even handcuffed.

Mr. Flores survived to sue Mr. Costanzo and the Kansas City Missouri police from prison for $10 million. His petition complained of being shot and that the police did not arrest Mr. Costanzo. Mr. Costazo engaged Kansas City area attorney Kevin L. Jamison whom he knew from his DVD Missouri Concealed Carry and Self-Defense Law see www.LearnToCarryProductions.com. Mr. Jamison filed a counter-claim demanding dismissal and attorney fees allowed by the statute. At a Jackson County hearing before Judge W. Brent Powell on 19 March, 2012 Mr. Jamison succeeded in dismissing the lawsuit and obtaining a judgment for attorney fees against Mr. Flores. “There is a history of cases like this being filed to scare parties into settlement,” said Mr. Jamison. “It was more difficult and expensive to litigate than to settle. The statute (RSMo 563.074) was designed to reduce the difficulty and place the expense where it belongs. We intend to garnish his inmate account at the Department of Corrections for the rest of his incarceration. We hope that this case serves to discourage such suits in the future.” The case against the police department had already been dismissed, however they did not ask for attorney fees.
 

tRidiot

Perpetually dissatisfied
Special Hen
Joined
Oct 23, 2009
Messages
19,521
Reaction score
12,712
Location
Bartlesville
JB will be here shortly to tell us how this is infringing on one's access to the legal system.

The ability to sue anyone anywhere for anything at all without any worry about the case's merit is a basic human right that must be protected at all costs.
 

Werewolf

Sharpshooter
Special Hen
Joined
Oct 1, 2005
Messages
3,471
Reaction score
7
Location
OKC
JB will be here shortly to tell us how this is infringing on one's access to the legal system.

The ability to sue anyone anywhere for anything at all without any worry about the case's merit is a basic human right that must be protected at all costs.

One of my Uncles was an attorney. Worked both sides of the fence. DA in McCallen, TX and Liberty, TX the 1st half of his career and criminal defense/civil case attorney for the 2nd half. He was very good at both.

NOW. My Uncle was as conservative/right wing as they come as well as level headed and as practical as you can get. His solution to the riots in the 60's was to mount an M2 MG on the tallest building on every college campus in the country and rip off a 50 round burst every morning about 6AM as a reminder to students with activist leanings. He was only half joking when he mentioned that. What does that tell you about him?

But: Just like JB - his attitude re: access to the legal system was exactly the same. There should be no restrictions be they by statute or for lack of the ability to pay a lawyer to one's ability to use the courts to correct a wrong.

We never agreed on that particular aspect of the law. He's likely looking down on me from heaven right now with a big ole frown on his face saying to himself, "That boy just don't get it".

My point? I doubt if JB's attitude or my Uncle's is atypical. It is probable that having that attitude is a part of their training, indoctrination and the secret oath they take before they become shysters... uhhh I mean attorneys/agents of the court.
 
Last edited:

Latest posts

Top Bottom