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Need Legal help bad!! Police Misconduct [Vanity]

Posted on 11/15/2006 10:34:39 PM PST by ozoneliar

I don't want to go into details on this board, but suffice it to say I was recently manhandled/assaulted by 2 police officers without justification(like I said I want to keep the details thin, for privacy/legal reasons). I suffered no lasting physical injuries.

I am not really sure where to go with this(if anywhere). The way I view it I have 3 non-mutually exclusive options.

A)File an internal affairs complaint

B)Pursue a civil suit against the local government.

C)Pursue a civil rights violation case with the DOJ.

Like I have said before, the assault was 100% unjustified, and I have several credible eyewitnesses. Furthermore one witness heard one of the cops say something to the effect that he was going to mess me up. I have never had ANY trouble with the law. I am concerned that it would a costly and possibly futile endeavor to sue the city. But, this whole incident disturbed me immensely, and I feel it must be addressed. I would be extremely grateful if anybody could offer some advice.


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KEYWORDS: legal; misconduct; police
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Please?
1 posted on 11/15/2006 10:34:40 PM PST by ozoneliar
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To: ozoneliar

I'd go with A and C first. Leave the lawsuit as a last resort.


2 posted on 11/15/2006 10:37:02 PM PST by swmobuffalo (The only good terrorist is a dead terrorist.)
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To: ozoneliar

Hard to say w/out knowing facts. Do you have a lawyer?


3 posted on 11/15/2006 10:37:10 PM PST by Tx Angel
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To: ozoneliar

Guess you haven't been paying attention in law school.


4 posted on 11/15/2006 10:37:29 PM PST by Kozak (Anti Shahada: " There is no God named Allah, and Muhammed is his False Prophet")
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To: ozoneliar

5 posted on 11/15/2006 10:38:45 PM PST by Dallas59 (Muslims Are Only Guests In Western Countries)
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To: ozoneliar

Thin is the operative word here.

TT


6 posted on 11/15/2006 10:39:06 PM PST by TexasTransplant (NEMO ME IMPUNE LACESSET)
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To: Tx Angel

I'm getting one as soon as I can.


7 posted on 11/15/2006 10:39:16 PM PST by ozoneliar ("The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants" -T.J.)
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To: ozoneliar
I'm a former LE insider. Go with a complaint to the dept. involved. Depts take complaints seriously. If they don't follow up to your satisfaction, then complain upward and outward until you feel satisfied.
8 posted on 11/15/2006 10:39:39 PM PST by raftguide
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To: TexasTransplant

I'm asking in general terms what I should do, if anybody wants I can FRmail some details.


9 posted on 11/15/2006 10:40:13 PM PST by ozoneliar ("The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants" -T.J.)
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To: ozoneliar

Did you call them or did someone else call them?

Better yet was 911 involved?

TT


10 posted on 11/15/2006 10:41:00 PM PST by TexasTransplant (NEMO ME IMPUNE LACESSET)
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To: TexasTransplant

No 911 was involved, the incident occurred in a public area. They took the initiative on me.


11 posted on 11/15/2006 10:42:26 PM PST by ozoneliar ("The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants" -T.J.)
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To: raftguide

The system almost always insists that you go the administrative route FIRST. If no relief or action there, then you think about court. And even if you don't HIRE one, run your story by a lawyer who specializes in such cases. The first visit is often at no cost.


12 posted on 11/15/2006 10:43:38 PM PST by Dick Bachert
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To: Dick Bachert
The system almost always insists that you go the administrative route FIRST. If no relief or action there, then you think about court.

Does this exclude lodging a complaint with the DOJ?

13 posted on 11/15/2006 10:45:31 PM PST by ozoneliar ("The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants" -T.J.)
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To: ozoneliar
Size of PD ie Small Town, Medium City etc
14 posted on 11/15/2006 10:47:41 PM PST by TexasTransplant (NEMO ME IMPUNE LACESSET)
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To: ozoneliar

Is this Campus Police, City, County...

Were you on Campus, in town...

More details are needed,

TT


15 posted on 11/15/2006 10:54:17 PM PST by TexasTransplant (NEMO ME IMPUNE LACESSET)
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To: TexasTransplant

In town, large city.


16 posted on 11/15/2006 11:03:44 PM PST by ozoneliar ("The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants" -T.J.)
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To: ozoneliar

Your profile says you are IN law school -- ?


17 posted on 11/15/2006 11:19:25 PM PST by Tuscaloosa Goldfinch (If MY people who are called by MY name -- the ball's in our court, folks.)
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To: ozoneliar

You will PROBABLY wind up with a stronger case if you do the IAD administrative thing first. Again, if no response or still not satisfied that the locals are taking your complaint seriously or not acting on your complaint, go the DOJ or court route.

If it DOES get to court, you will look to a jury more like an abused citizen if, in addition to the original event, the locals appear to have blown you off.

I'm sure I don't need to tell you that your FIRST problem is that the original event will be your word against theirs -- and two of them at that. It may be however, that the guy(s) in question ARE "cowboys" who have had OTHER citizen abuse complaints lodged against them. If that is the case, many jurisdictions -- not all, but many -- WANT to either get those folks off the street (into desk jobs) or out of uniform before an innocent citizen is hurt or REAL damage is done to the honest and decent members of the force.

Good luck.


18 posted on 11/15/2006 11:19:49 PM PST by Dick Bachert
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To: ozoneliar
I Can't help you. (Small Town or on Campus I'd be of some assistance)

If you think that it was a you vs them, you might try their supervisors (didn't work for me in San Diego)

I would give advice for you to proceed in this manner,

Minimize the current Damage, proceed through the entire legal process and THEN make sure you show up in Court, they probably won't, remember who they are and eventually when they run for Office, you have a story.


TT
19 posted on 11/15/2006 11:31:13 PM PST by TexasTransplant (NEMO ME IMPUNE LACESSET)
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To: ozoneliar

Considering you are asking for advice without offering virtually ANY details upon which to go on, I think you've been helped a lot.


20 posted on 11/16/2006 6:28:52 AM PST by Shimmer128 (My beloved is mine and I am his, Song of Sol 2:16)
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