Cuffed and Stuffed

[gregthehand]

I for one don't think it would do any good to sue the department or arresting officer. I just don't see what it would accomplish. A formal written complaint to the department may be more appropriate.

[03Lightningrocks]

I for one don't think it would do any good to sue the department or arresting officer. I just don't see what it would accomplish. A formal written complaint to the department may be more appropriate.

I disagree. A big fat law suite settlement will teach them not to violate the rights of the citizens in their jurisdiction. It can also help the fellow who was arrested recover some of his costs. The police agencies can not be allowed to define the law as they see fit. The arresting officer should have a big black mark put on his record so that when he decides to abuse his power the next time, their can be a written record of his need to be fired.

[TLynnHughes]

I for one don't think it would do any good to sue the department or arresting officer. I just don't see what it would accomplish. A formal written complaint to the department may be more appropriate.

I disagree. A big fat law suite settlement will teach them not to violate the rights of the citizens in their jurisdiction. It can also help the fellow who was arrested recover some of his costs. The police agencies can not be allowed to define the law as they see fit. The arresting officer should have a big black mark put on his record so that when he decides to abuse his power the next time, their can be a written record of his need to be fired.

More than likely what would happen is after years of depositions and stalling and paper filing and money, the city would settle out of court. Once the lawsuit is filed, the accused policeman isn't even really aware it's going on except when he gives his deposition. It becomes a lawyer's game after that (no offense, Charles). If the suit filer is lucky, he'll end up with a bit more money than it cost him to retain a lawyer. But more than likely, the police department won't bat an eye, won't change any of their policies and everthing will go on as normal. It's not pretty, but it's reality.

T.

[gregthehand]

More than likely what would happen is after years of depositions and stalling and paper filing and money, the city would settle out of court. Once the lawsuit is filed, the accused policeman isn't even really aware it's going on except when he gives his deposition. It becomes a lawyer's game after that (no offense, Charles). If the suit filer is lucky, he'll end up with a bit more money than it cost him to retain a lawyer. But more than likely, the police department won't bat an eye, won't change any of their policies and everthing will go on as normal. It's not pretty, but it's reality.T.

Yuppers that's right! I've been at a department when it got sued. I've had cop buddies who made arrests that resulted in a law suit. You know what happened? NOTHING. heck one guy I know made a good arrest (I've seen the video) and the lady sued. It was about two years ago and from what I understand it's still going on. A complaint goes to the chief and he reads it. Maybe a complaint with a formal meeting to discuss your ill feelings of how you were treated would go even further. A lawsuit is going to get looked at and then passed on to the city attorney or whoever. Also if you do meet with the chief don't go in there mouth blazing looking for blood either. Anytime someone comes at me just irate I always just shut off until they calm down.

I think you'll find that most of the upper leadership in a law enforcement organization want to see their officers do the right thing and and make good arrests. They will more than likely appreciate you bringing the error to their attention instead of just hiring some lawyer and making them take money out of their budget to fight the thing. If we all want better relations between us and the law enforcement types (better than they already are) someone has to take the first step. The poster involved was done wrong. The officer seems to have made a mistake and for that he should be educated and possibly punished but I'll also say that if you sue he may not be dealt with since the department doesn't want a record of them saying he was wrong that is therefore admissible in court. They may ALL know he was wrong as could be but they CAN'T and WON'T admit it because it could mean big money if they do. Filing a complaint and talking to the chief in a calm collected manner is a good way to get the officer EDUCATED on how to deal with this in the future. Suing them and an off with their heads attitude is a good way to make a dedicated enemy out of a confused enemy.

“Before you embark on a journey of revenge, dig two graves.” Confucius

[Oldgringo]

Well put, Greg.

[handog]

Handgun back on hip, plastic back in wallet. Good posts by the way. I can certainly understand the lawsuit sentiment but I have decided to file a complaint instead. And I will walk in there calm and cool. Since this may be on my record for life I want the arresting officer to have it on his record too. I hope it makes a difference.

[TLynnHughes]

Handgun back on hip, plastic back in wallet. Good posts by the way. I can certainly understand the lawsuit sentiment but I have decided to file a complaint instead. And I will walk in there calm and cool. Since this may be on my record for life I want the arresting officer to have it on his record too. I hope it makes a difference.

I'm thinking it shouldn't be on your record if there were no charges??? Or am I completely wrong about that?

In any case, the formal complaint route is the best, fastest and least expensive route IMHO.

Congrats on getting everything back!

T.

[wgoforth]

Since your not filing on them, can you tell us now what county and office? Want to make sure I steer clear.

[shortysboy09]

Great news to hear that all your property was returned to you as it rightfully should have been.

[handog]

Handgun back on hip, plastic back in wallet. Good posts by the way. I can certainly understand the lawsuit sentiment but I have decided to file a complaint instead. And I will walk in there calm and cool. Since this may be on my record for life I want the arresting officer to have it on his record too. I hope it makes a difference.

I'm thinking it shouldn't be on your record if there were no charges??? Or am I completely wrong about that?

In any case, the formal complaint route is the best, fastest and least expensive route IMHO.

Congrats on getting everything back!

T.

I was told after a two year waiting period I can try to have it removed completely. With the attorneys fee and court cost it would be about $1000.00. It's crazy.

[handog]

Since your not filing on them, can you tell us now what county and office? Want to make sure I steer clear.

Soon. After the complaint is filed.

[TLynnHughes]

I was told after a two year waiting period I can try to have it removed completely. With the attorneys fee and court cost it would be about $1000.00. It's crazy.

Seriously?!?!?!?! Holy Cats! Crazy is right!

T.

[PUCKER]

Congrats!!

[Keith B]

Handgun back on hip, plastic back in wallet. Good posts by the way. I can certainly understand the lawsuit sentiment but I have decided to file a complaint instead. And I will walk in there calm and cool. Since this may be on my record for life I want the arresting officer to have it on his record too. I hope it makes a difference.

I would make sure there should be no record since the charges were dropped. If you were wrongly arrested, then they should make it go away NOW.

[03Lightningrocks]

I think what happens is that there will be a record of the arrest and the disposition will show charges dismissed. The part I don't get is the two year period to get it expunged. I had two felony counts of aggravated assault and attempted murder that were dismissed as self defense. They are still there, ten years later. The grand Jury refused the case...or something like that. I was told I had to wait 2 years because the grand jury could change it's mind if some evidence showed up that made it look different. or if some DA decided to press the case. I am guessing on this, but I am thinking your case is going to hang on the same way. The two year period is crappola in my humble opinion... but what can we do??? I still haven't gone to the expense of getting my charges expunged. Quite frankly it hasn't really prevented me from doing everything anyone else can do. It was a pain having to get copies of the disposition to send in with my CHL application. Which is probably what your going to have to do in the future.