California Employment Law
California Employment Law Questions Answered by Legal Experts
Is this a good case to pursue?, In your estimation. I currently have Lackie and Dammier working on my seperation from the city. However, they dont handel 4th amendment issues. If you determine this is a good solid case what is your consultation fee?, and or if you cant take on this case can you recommend a very good and aggresive attorney for a federal law suit.
I appreciate your advise, However, if i understand you correctly you are saying my rights were violated but there was no loss or injury?. I dont beleive that the Police Department has a right to deprive me of my property even if it was monetary. If they had taken my vehicle for five months without cause would you then say! "Oh well, you had another car to go back and forth to work, no harm no foul". Does the Police Dept. have a legal right to take my property (money) without a warrant or not?
The U.S. Department of Justice prosecutes criminal violations of federal civil rights law, pursuant to 18 U.S.C. § 241, 18 U.S.C. § 242. As an academic question, the police violated your rights. But, as I'm sure your aware, just because a crime may have been committed, doesn't mean that the district attorney will prosecute the case. The same thing extends to the U.S. Attorney. You can complain to the DOJ, but just because a crime can be stated, doesn't mean that the government will prosecute. Were I a deputy U.S. Attorney, I would read your facts and say to myself: We have more important cases to spend the U.S. taxpayer's money on. The victim's money was returned, he/she wasn't injured -- so, I'll keep the file open in case I get another complaint about this police department -- but, I'm not going to prosecute, because there are bigger fish to fry."Concerning civil action, it's all about damages. In fact, when it comes to civil law, the linch pin of every case is damages. Litigants don't sue for nominal damages ($1.00), just to vindicate their reputation, because they won't pay an attorney thousands of dollars to do so -- and, no attorney takes this sort of case without damages.Concerning your analogy to a motor vehicle, I believe that it is inapposite. A vehicle depreciates in value over time -- it has a present use value that can be measured by the replacement cost to the owner -- as well as damages caused by the elements, mileage, etc. If your vehicle were taken and held for five months, then you would have some identifiable damages. Money, however, while it does depreciate due to inflation, and while there is a time value to the money, the damages, at this time in history, are small, because the interest rate that a person can get for their money is practically nothing (maybe 1.5% from a bank, which would be about $29 compound interest on $4,700 over 5 months). Are you going to bring a civil rights claim for $29, plus punitive damages? Okay, the constitutional standard for punitives is three times compensatory, so now you've got a total claim for $116.00. The filing fee to sue in Superior court for under $10,000 is $240. So, even if you "do-it-yourself," you're going to risk $240 to make $116 -- and that's not counting any of the other fees involved in getting to judgment. The botXXXXX XXXXXne is that you have a cause of action, but you have no damages. If I were pissed off, and I wanted to extract my ounce of justice, I would probably contact the media and try to get a reporter interested in the case. Maybe the police would pay you to stop the bad media coverage. But, as a straight civil action, it's just not economically viable. Hope this helps clarify my thoughts.
I appreciate your help sooo much. I would just ask one more question which involves this action. My husband is a Police Officer for another agency, not mine. He belives since we are married the money in question is also his and he was not happy with there tactics, and belives they were punitive and malicious to both he and I. Can he file criminal charges (or request criminal charges) with the D.A.'s office on the Officers involved that took "our" money rather than sue?.
Your service was excellent...and will be reflected as so. Is there any other secondary way i can put in how happy i was with your work and this web site?. Also, when my money was taken by the P.D. i told them it was mine because of personel isssues with my husband. And just to confirm if my husband does go thru with his desires to press charges, can they say if i was keeping the money from my husband it is not his? last question i promise... Or is because we are married it makes it joint property?.
Thats's funny! I plan on leaving something extra, because you're legal advice was extremely helpful and much appreciated. I'll send you an IOU for the other $4,650, to be cashed after my wrongful termination ruling:)
Now for a really stupid final question. Is there any way for me to save this conversation to a file, since I'm sure well want to refer to it later?
Need to ask you some more questions please. I will see if this route reaches you first,
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