So, since I wasn’t seeing anything on the Western District’s feed, I figure I’d hop on PACER to see if for some reason updates to the Deffert case didn’t get posted.
Well, things did get posted, like the answer to the amended complaint. Maybe I should have titled this piece after famous words uttered by Samuel L. Jackson in Pulp Fiction (Note, course language).
To put it nicely, “Grand Rapids just reached a whole new level of absurd”.
Basically, in their response, they argue that Deffert wasn’t participating in an activity that was covered by the 1st or 2nd Amendments, preemption doesn’t apply, and that their officers are thoroughly trained in the legalities of open carry in Michigan.
Oh yeah, they also think that you have to show your papers as well.
27. In Michigan, there is no duty for an individual to identify him or herself to law
enforcement unless being stopped for a motor vehicle code violation.
ANSWER: Paragraph 27 states a conclusion of law to which no response is
required. To the extent that a response is required, defendants deny
this allegation as an inaccurate and incomplete statement of the law.