A federal judge recently dismissed claims by a former vice principal that the police violated his rights when they arrested him for having a gun at school, despite his having a permit for concealed carry.
Filing suit in the U.S. District Court for the Eastern District of California, the former vice principal argued that two officers and the city of Bakersfield were liable for false arrest, negligence, and Fourth Amendment unlawful seizure violation because they lacked probable cause. A U.S. District Judge disagreed and granted the defendants’ motion for summary judgment, finding the officer acted reasonably under the circumstances.
The plaintiff was the vice principal at a junior high school for roughly five years, and he had been in the Bakersfield school system for nearly 30 years. At the time of the arrest, the California Gun Free Zone Act prohibited the possession of unauthorized firearms within 1,000 feet of school grounds without the permission of school authorities. However, the Act had an exception for law enforcement and those with concealed carry licenses.