NEED ADVICE ASAP: How to sue the police department for harassment?

This is a discussion on NEED ADVICE ASAP: How to sue the police department for harassment? within the Other Criminal Law Matters forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; On October 21, 2011 my fiance was at work when the bossí daughter threatened to kill him. It was then ...

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Old Feb 14th, 2012, 01:04 PM   #1
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Confused NEED ADVICE ASAP: How to sue the police department for harassment?

On October 21, 2011 my fiance was at work when the bossí daughter threatened to kill him. It was then that he called 911 and when the police arrived they told my fiance to leave the property and banned him for life. A patrolman wrote him a letter stating he was banned from the property and told him to leave. The following week we submitted a complaint about that specific officer to the police cheif. It was then that we began to be harassed by the police department. When people broke into our home the cops refused to come to investigate, claiming we needed video evidence. At one point to officers came into our home, uninvited to talk to my fiance. While they were here one of the officers went to pull a gun on him 3 times for nothing; one time being when he bent over to wipe our infant sonís nose.

It has only gotten worse since then. The police have been constantly harassing us. We have submitted our complaints to the police cheif, director of public safety and the mayor; all who evaded the issues of the complaints and told us to seek legal help if we were unhappy with their answers.

Due to the stress of the situation I was admitted to a pychiatric unit of a local hospital on January 23, 2012. I was released on January 25, 2012. Last night, two officers came to my home to give me what they called an issuable warrant. It states that I am to appear in court on Feb. 22, 2012. The charge involves Ohio Revised Code 2921.31 Obstructing official business. The violation date is January 24, 2012. As stated above, I was in a psychiatric unit on that day. I have tried to obtain information about this charge from the police department, but have been unable to do so. I was told the detective who signed off on the warrant was unavailable at the time and has yet to return my calls.

I truly feel that this charge is a form of retaliation on the police departments behalf. They do not like the fact that we have filed complaints and have even said that contacting anyone about these matters would be a bad idea. I also believe they are holding a grudge against my fiance because he committed a crime in 1997 and was charged with aggrivated arson. He has since served his time and not been in any trouble since then. But anytime we have to deal with the police they look at his as the criminal. Just earlier today when he went to the police station to try to talk to the detective who issued my warrant, the police were very rude to him and began questioning him about our relationship status. At one point as officer asked him if he and I were married and mentioned in a round about what that if I were to get charged with any type of criminal act he would not be allowed to be around me due to the fact that he is still on PRC until December of 2012.

I need advice as to do what to do from this point. How to handle this charge I know nothing about and how to go about suing the police department for harassment.
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Old Feb 14th, 2012, 01:42 PM   #2
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Default re: NEED ADVICE ASAP: How to sue the police department for harassment?

I wish to inform you that your fiance can contest the matter in court. In this regard your fiance can file a complaint with FBI. As at present your fiance has not violated any law and the act of police is retaliation and may not be allowed. As court date has been issued, therefore, it is necessary to appear before court. If there is no proof charges against you, then the case may be dismissed. The fact of admission into the pychiatric unit of a local hospital can be informed to court in order to show that charges are not correct.

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Old Feb 14th, 2012, 01:45 PM   #3
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Default re: NEED ADVICE ASAP: How to sue the police department for harassment?

I am having to appear in court, not him.
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Old Feb 14th, 2012, 05:22 PM   #4
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Default Re: NEED ADVICE ASAP: How to sue the police department for harassment?

You need an attorney, one who does civil rights litigation and takes on the law enforcement agencies for breakfast every morning. The Civil Rights Act of 1964 protects one against agencies who violate our civil rights "under color of law." In this case, it's "color of uniform" under which they are denying your the protection of the law and harassing you.

The procedure is to file a claim against a government body, first. And if and when the do not pay the claim, then lawsuit is filed.

I would look first for a civil rights lawyer and see if you can get representation. The provisions of the Civil Rights Act include a provision for attorneys fees to be paid by the successful plaintiff. This is to encourage people to stand up for their rights against governmental agencies and also is a surety for the lawyer who undertakes such a case he will be paid.
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Old Apr 18th, 2012, 12:38 PM   #5
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Default Re: NEED ADVICE ASAP: How to sue the police department for harassment?

Quote:
Originally Posted by pdw1082 View Post
I need advice as to do what to do from this point. How to handle this charge I know nothing about and how to go about suing the police department for harassment.
Per the US SC, police enjoy "Qualified Immunity" for thier actions. This is not as stringent as Absolute Immunity, but is still a burden to overcome.

If you believe your Civil Liberties have been violated see an Attorney.

Generally color of law actions are based on 42 USC 1983, (Civil Rights Act of 1871) called a 1983 action. The SC has ruled the statute of limitations to sue under it is that states "personal injury" law, which in Ohio, if I am not mistaken, is 2 years.

If you wish to consult an attorney, do not delay.
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