A Nurse with a Gun

Friday, December 16, 2005

Update on Patricia Konie

It seems our favorite Nawlins gun owner and attorney, Ashton R. O'Dwyer, has been retained by Patricia Konie in a federal lawsuit over the injuries and violations of civil rights she suffered at the hands of the California Highway Patrol. A CHP officer tackled Mrs. Konie on film to confiscate her weapon, which she safely displayed to him when asked.

"My client was severely injured in a needless removal from her home," stated attorney Ashton O'Dwyer. "Patricia Konie had food, plenty of water, and a roof over her head. The police who illegally entered her home and imposed their will on a frail, middle-aged female should have been out apprehending armed, male looters instead."

After Hurricane Katrina, and facing weapons confiscation himself, Mr. O'Dwyer declared "I will leave when I am dead. OK. Let them be warned. They come to my house, they try to evict me, they try to take my guns, there will be gunfire." When officers insisted they were only there to help, he instructed them to "Treat me with benign neglect. Get out of my neighborhood, get out of my life, get out of my God damned city."

In another interview, CBS news correspondent Lee Cowan asked O'Dwyer "So if someone walked into your house, you'd shoot 'em?"
O'Dwyer responded "With pleasure."
"Yes! I would aim for the head. Actually, you aim for the mid-chest."

Mr. O'Dwyer was not left alone. His story is not yet public. Mrs. Konie was not so fortunate either. The assault on her constitutionally affirmed rights as a human being are much more public. After remaining in custody for several hours without charges being filed against her by authorities, she was flown alone to South Carolina where she remained for more than a month before returning to her native New Orleans.

A federal lawsuit has been filed claiming that authorities assaulted and knocked her to the ground when she refused to leave her New Orleans home on September 7th, 2005. Konie also alleges numerous civil rights violations including assault and battery by police in her suit against several Louisiana and California State Police officers who took her into custody. She also alleges authorities violated her Second Amendment right to keep and bear arms. Authorities still have not returned her revolver that was forcibly taken from her.

"Hurricane Katrina was horrible, but there is no excuse for what happened to this nice lady", said O'Dwyer. "Police caused her months of pain and suffering and she still faces months of physical therapy. This suit will hold the individuals responsible for their misdeeds." Konie had her surgery early on Monday morning, December 12. She is still recovering in the hospital, and lives alone on a limited budget of Social Security benefits. She is devastated by what happened and has not had her seized property returned.

"Sadly, Patricia Konie is only one of many examples of police going too far in the wake of Hurricane Katrina," said O'Dwyer. "Already one court has ruled against their strong-arm tactics, and we look forward to our day in court."

On September 8th, 2005, defendants, acting under color of State law in an official capacity, and in violation of federal and state law, wrongfully trespassed on premises legally occupied by plaintiff at [address withheld], and committed the following additional torts against plaintiff, her person and her property:

a) Assault and battery, including using excessive force under the circumstances;

b) False imprisonment by illegally taking plaintiff into custody and transporting her to South Carolina, from which she did not return to New Orleans until October 13th, 2005;

c) Intentional infliction of emotional distress; and

d) Conversion of legally owned property, to wit, a chrome 32 caliber Colt Revolver, with a pearl handle, which has not been returned to plaintiff.

By virtue of having committed the above-identified torts against plaintiff and her property, defendents violated rights, privileges, and immunities guaranteed to plaintiff under the Second, Fourth and Fourteenth Amendments of the United States Constitution, all in violation of 42 USC 1983.

In addition, certain of the defendents conspired to deprive plaintiff of rights, privileges and immunities guaranteed to plaintiff by the United States Constitution, all in violation of 42 USC 1985.

Further, certain of the defendants, who had full knowledge of their colleagues' conspiring to violate, and actually violating, plaintiff's constitutional rights, and committing torts against plaintiff's person and property, failed to intervene, all in violation of 42 USC 1986.

Defendants' acts and omissions were practiced with malice and/or with reckless disregard for plaintiff's federally protected rights, as well as her rights under state law.

As a direct result of the above-described tortious and illegal conduct by defendants, plaintiff sustained severe and disabling personal injuries, including injuries to her face, nose, left eye, left shoulder, left arm, and chest, among other injuries to her mind and body, for which surgery may be necessary, and causing plaintiff excruciating pain, suffering, mental anguish, humiliation, and embarassment.

Mrs. Konie has found perhaps the most able and passionate advocate available. Bust their asses Ashton!


The Patricia Konie video

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Blogger Tam said...

She's my hero. :)

I'm assuming O'Dwyer took the case either speculatively or pro bono, but is there a fund I can chip in on? It'd make me feel ever so happy to help Patricia put the screws to the JBT's. :)

3:34 AM  
Blogger Xavier said...

I assume Ash is pretty protective of his client right now. He can be reached at 504-561-6561.
I agree, I would love to see enough contributed to buy Mrs. Konie a nice Model 27.

4:55 AM  
Anonymous Anonymous said...

I hope that Mrs. Konie lives long enough to have her day in court. what was done to her and shown on t.v. across the nation is very poor conduct on the part of the police. when was the constitution suspended for the sake of a hurricane)
Lifer6237 ( ret'd p o KY.)

7:21 PM  
Anonymous Anonymous said...

we had a incident in Oshkosh Wi {2005}where a officer was shot? nicked, they trampled peoples rights with out warrents & took firearms.
A lot of the people told the police NO THEY WOULD NOT CONCENT TO A SEARCH.
I hope this lady gets justice' & the officers get what they deserve. Personally I wouldn't hold my breath, as they tend too look out for there own.
Why do you think they took the moto
Too searve & protect the public of there police cars years ago.

8:46 PM  
Anonymous Eynes Mendez said...

Patricia is a 26 year friend of mine that has been a friend to many others. The treatment she was subjected to is indicative to a more atrocious treatment.

The atrocity is that she is not alone. There are others that, like her, have had their rights taken away.

US Code clearly states that "it is the responsibility of the Government to promote and protect the independent and
collective actions of private citizens to develop housing and strengthen their own neighborhoods". ([US Code Title 42, §1437(a)(2)] http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=42&sec=1437) With this mind, why is it that we, as residents of the city, have been treated any less that first responders???

Legislation for a Hurricane Protection Authority is currently being put together. It should have in place a clause that reflects the American ideal of government that gives those who confront issues in a position to decide what happens in their lives, and make them first responders.

Let's all make sure that it is done this way.

12:03 PM  
Anonymous JSW said...

Hi, any recent activity in the Patricia Konie case?

9:19 AM  

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