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RBinJax
RBinJax, Lawyer
Category: Criminal Law
Satisfied Customers: 731
Experience:  I am a former Public Defender, and have handled criminal cases for 25 years.
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if i was shot by a guy, and the local police department didnt

Customer Question

if i was shot by a guy, and the local police department didnt do anything about it. after i made a video and writing statement, and it was witnesses on the seen that gave statements. then the guy gets arrested, but the police never charged him or even questioned him. so over a year later the guy sees me then pulls out a gun on me again. like he's above the law or something. so am i entitled to file a lawsuit on the police department in order for them to do something about it??
Submitted: 5 years ago.
Category: Criminal Law
Expert:  RBinJax replied 5 years ago.
It may be difficult to file a suit against the police department. It is the police's job to gather the facts in the case, and forward them to the prosecutor's office, which makes the determination whether to file suit. That decision is protected from suit by statute in most states, as being an administative decision covered by sovereigh immunity.
I suggest that you go to the police to discuss the two cases and ask where they are in the filing process. If they have forwarded the case to the prosecutor, then go to the prosecutor to ask where they are in their decision making process. If they are not planning on filing charges, ask why. They should at least explain why they are not pursuing the cases. It may be that you can provide them with some other information that would change their minds.
If you have further questions, it would be wise to consult with an attorney in your area who "knows the players" and can give you more specific advice than I can. It is possible that there is a pattern of behavior by the police and/or prosecutors that could be the basis for a discrimination case.
I hope that this answers your questions and is useful to you. if so, please click the Accept button so that I will be credited for my assistance. Thank you and good luck.
Customer: replied 5 years ago.

ok. i've read your response, and i still have to fill you in with more information. i was shot on 1/1/05, i did the video statement in Febuary of 2005, then April 08,2006 i filled out the paper statement,because they said that my video statement got messed up. then by september of 2006, i went to the police department to get a public request of information about the case. the police chief took us to the head detective, who told us that he'll mail us the information in a couple of weeks. which he never did. so in the mean time i've caught a weapons under disibility charge, because i felt like i was protected by the local police department, because of the history i have with them.

 

so now i feel that the police and the prosecutor purposely messed up the paper work to my case. which made me have to move out of town because i feared for my life. because i know that guy still wants to try to kill me. so what are the statues of limitations on this kind of case?

Expert:  RBinJax replied 5 years ago.
Usually, the statute of limitations on a negligence case is no more that 4 years from the date the negigence occurred or was first discoverd. I do not see where you live posted in your questions, so I cannot say for certain, but I am concerned that the Statute of Limitations has run.
You may be able to get into court by alleging fraud on the part of the police and prosecutors, or by alleging a violation of your civil rights, but you need to consult with an attorney in your area immediately about your case.
I wish that this could be happier but hope that it is useful.
Customer: replied 5 years ago.
i live in findlay, ohio now, but the shooting happened in fostoria, ohio. i was living there when the shooting happened.
Expert:  RBinJax replied 5 years ago.
Under Ohio Revised Statute 2744.04, it appears that a claim for personal injury due to negligence against any political subdivision of the state must be brought within two years of the date of occurrence, meaning that the case should have been filed no later than December 31, 2006.
Customer: replied 5 years ago.
so basically, there's nothing i can do, and i just have to pray that i'll never run into this guy again, and in the meantime, he can remain on the streets to do this to me ,or maybe even someone else??
Expert:  RBinJax replied 5 years ago.
I still urge you to consult with a civil rights attorney about what happened to you to see if he/she has ideas about what you may do. That is out of my areas of practice and I do not pretend to know the area.
Please consult with someone in your area about your options that fall outside the purview of criminal law. Good luck.
Customer: replied 5 years ago.
i still thank you forthe time you took out to guve me advise.
Expert:  RBinJax replied 5 years ago.
You are welcome. Good luck.

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