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Sheriff's office and civil rights
Posted: Mon Nov 04, 2019 7:15 pm
by bbhack
Civil rights is a term that can cause you to roll your eyes, but please consider the following.
If a sheriff arrests a person for a heinous crime on the basis of a complaint with no other evidence, and then makes a bragging post on social media without all the legally required "according to" and "alleged" language, making it read like there are no disputed "facts", then he or she is guilty of violating the civil rights of the accused, correct?
If so, the sheriff has lost his or her indemnity of office, and may be sued personally, correct?
Re: Sheriff's office and civil rights
Posted: Mon Nov 04, 2019 7:18 pm
by Redneck_Buddha
Cryptic.
Re: Sheriff's office and civil rights
Posted: Mon Nov 04, 2019 7:27 pm
by bbhack
Sorry, but it needs to be for now.
Re: Sheriff's office and civil rights
Posted: Mon Nov 04, 2019 7:41 pm
by pushpullpete
Not sure, very interesting question though. Proof.. Facts.. Neither seems particularly necessary these days to
quickly convict in the 'court of public opinion' & in our electronic world it never goes away. A public official
speaking out 'should be held accountable' for what they say that is not fact or cannot be proven. It's a whole
new world and it changes every day.
Re: Sheriff's office and civil rights
Posted: Mon Nov 04, 2019 7:45 pm
by Archery1
Yes, vague on facts, but one fact is that there is no "rule" that any language must be used to describe the arrest. If they arrest, that's their ultimate statement that one is guilty. If that is found to be incorrect, proven not guilty, then the initial arrest can be challenged as unjust, but till then, one is considered guilty by the police and prosecution. Never heard a DA say the defendant is assumed not guilty.
Re: Sheriff's office and civil rights
Posted: Mon Nov 04, 2019 7:59 pm
by Archery1
pushpullpete wrote: ↑Mon Nov 04, 2019 7:41 pm
Not sure, very interesting question though. Proof.. Facts.. Neither seems particularly necessary these days to
quickly convict in the 'court of public opinion' & in our electronic world it never goes away. A public official
speaking out 'should be held accountable' for what they say that is not fact or cannot be proven. It's a whole
new world and it changes every day.
These days, it's very common that police departments use a social media page to announce arrests, etc...., as an extension of their station. Saying, "look at us, we got this bad guy off the street" is good PR and part of public service. An officer, as John-Q-Public, spouting off on a social page would probably be just as liable as any of us when it comes to libel.
Re: Sheriff's office and civil rights
Posted: Tue Nov 05, 2019 9:22 am
by OneGun
You need to consult an actual member of the state bar for this one. We can all arm-chair quarterback, but it will not mean much.
Re: Sheriff's office and civil rights
Posted: Tue Nov 05, 2019 10:31 am
by Txtension
I have been stopped a few times, and in every one of those stops where I declined to answer incriminating questions, the officer has asked who my employer was.
I stopped answering that question too, when the director of my department pulled me into his office with HR to "get my side of the story." Said an officer called him directly. Nothing came of that incident, and Internal Affairs buried my complaint.
I was ready to sue for slander/libel (my dashcam footage proves the officer is a liar).
Re: Sheriff's office and civil rights
Posted: Tue Nov 05, 2019 1:22 pm
by bbhack
Rob72 wrote: ↑Tue Nov 05, 2019 9:39 am
IANAL, however, having a reasonable amount of time in their company...
If the arrest was "
inflagrante delecto", or "immediately in the act," and/or if the preponderance of available evidence is compelling, it would be a matter for redress on appeal, relating to biasing the jury pool, fair trial, etc,. Thousands of underemployed attorneys make such attempts every day.
If the arrest was of an individual with no significant history, no readily available substantive evidence, and/or if there
is evidence of malfeasance on the part of the complainant or the Officers/Dept., then yes, that would be a classic civil rights case.
Thanks. The damages here are a destroyed life and reputation, but the awards may not be enough for a lawyer to take a chance on contingency. I'm not real close to this case, but close enough to make suggestions.
Re: Sheriff's office and civil rights
Posted: Tue Nov 05, 2019 1:22 pm
by bbhack
Txtension wrote: ↑Tue Nov 05, 2019 10:31 am
I have been stopped a few times, and in every one of those stops where I declined to answer incriminating questions, the officer has asked who my employer was.
I stopped answering that question too, when the director of my department pulled me into his office with HR to "get my side of the story." Said an officer called him directly. Nothing came of that incident, and Internal Affairs buried my complaint.
I was ready to sue for slander/libel (my dashcam footage proves the officer is a liar).
I have to get dashcams. Been meaning to for many years.
Re: Sheriff's office and civil rights
Posted: Tue Nov 05, 2019 1:25 pm
by bbhack
OneGun wrote: ↑Tue Nov 05, 2019 9:22 am
You need to consult an actual member of the state bar for this one. We can all arm-chair quarterback, but it will not mean much.
Yes. I'm sure that's been done, but it would be the difference between success and failure to choose the right one.
Re: Sheriff's office and civil rights
Posted: Wed Nov 06, 2019 9:43 pm
by PriestTheRunner
bbhack wrote: ↑Tue Nov 05, 2019 1:22 pm
I have to get dashcams. Been meaning to for many years.
Very happy with mine. I've bought two of the same type even.
You can conceal the wiring too for a clean install and it has internal audio.
Rexing V1P Pro Dual 1080p Full HD Front and Rear 170 Degree Wide Angle Wi-Fi Car Dash Cam with Built-in GPS Logger, Supercapacitor, 2.4" LCD Screen, G-Sensor, Loop Recording, Mobile App
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Re: Sheriff's office and civil rights
Posted: Thu Nov 07, 2019 10:04 am
by jason812
Would this be related to the shooting in Greenville?
Re: Sheriff's office and civil rights
Posted: Thu Nov 07, 2019 2:11 pm
by bbhack
jason812 wrote: ↑Thu Nov 07, 2019 10:04 am
Would this be related to the shooting in Greenville?
No. From the best I know, this involves a child, and an adult's oath (report) of an incident. I'm 99.9% confident this is a false report. Multiple lives have been messed up, and more will follow.