Sheriff's office and civil rights

[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?

[Redneck_Buddha]

Cryptic.

[bbhack]

Cryptic.

Sorry, but it needs to be for now.

[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.

[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.

[Archery1]

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.

[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.

[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).

[bbhack]

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.

[bbhack]

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.

[bbhack]

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.

[PriestTheRunner]

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.

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[jason812]

Would this be related to the shooting in Greenville?

[bbhack]

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.