Gonzalez v. Village of West Milwaukee

Dist. Ct. did not err in granting defendants-municipalities and their police officials' motion for summary judgment in section 1983 action alleging that plaintiff's two arrests for disorderly conduct, in which plaintiff had openly carried handgun into two retail stores, violated his 4th Amendment rights since, according to plaintiff, said conduct did not constitute disorderly conduct in light of Wisc. Constitution and 2nd Amendment. Defendants were entitled to qualified immunity since: (1) at time of plaintiff's 2008 and 2009 arrests, law was unsettled with respect to whether individual openly carrying firearm constituted disorderly conduct; and (2) defendants could have believed that plaintiff had committed offense of disorderly conduct where they had received reports that defendant's presence in said retail stores made customers and store personnel fear for their safety. Ct. also found that plaintiff failed to establish violation of either section 7(a) or 7(b) of Privacy Act stemming from defendants' attempts to obtain his social security number during booking process since: (1) plaintiff failed to prove that he suffered any loss of right or benefit arising out of his refusal to divulge social security number; and (2) law was unsettled as to whether section 7(b) applied to municipalities at time of instant requests for his social security number.