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Law Pro, Criminal Defense Lawyer
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Experience:  20 years trial experience in defense of criminal cases
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I was trespassed for crossing a parking lot at a local YMCA

Resolved Question:

I was trespassed for crossing a parking lot at a local YMCA that is located on public property. The county employee was not authorized to file the charge. What is the harm? Florida.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Pro replied 4 years ago.
Please explain with a little more information what happened and what is going on. Thanks!
Customer: replied 4 years ago.
Having problems with the email. Third time is charm. I have a 119 lawsuit against Manatee County and it has become very contentious.
I was walking across the parking lot of a local YMCA and a Manatee County employee called 911 and a deputy came out and gave me an offical warning. The YMCA is located on an old school property, now owned by Manatee County.

Now if I go on the public property the deputy said I would be arrested and taken to jail. I deposed the county administrator on Friday and he said that the county employee was not authorized to file the trespass warning. I am not interested in making trouble for the deputy and I do not see the county as having a problem because the county employee acted without authorization so no respondant superior. I cannot go on the public property without risk of being arrested, but no deprive of property without due proccess because county employee was not acting for an agency.
Expert:  Law Pro replied 4 years ago.
So, what is your question? Are you wondering what your damages are for the law suit?
Customer: replied 4 years ago.
Cannot figure out what the basis of the complaint against the county employee, since the actual action that prevents me from being able to go on the public property comes fron the deputy acting on information (no sworn affidavit) from the county employee.

So maybe what the damages are is the correct question. Thanks
Expert:  Law Pro replied 4 years ago.

Then your only action would be against the county employee - for acting outside the scope of their authority. Yes, you have a cause of action against them - but not if you don't have damages.

 

I realize the prohibition of not being able to go where you want to go are damages. I believe that the wrongful and unauthorized restriction of your not being able to use public property would be a violation of your "life, liberty, and the pursuit of happiness".

 

"Life, liberty, and the pursuit of happiness" is one of the most famous phrases in the United States Declaration of Independence. These three aspects are listed among the "inalienable rights" of man.

 

However, in searching the law - I don't see that you have a cause of action unless they would have arrested you.

Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 23576
Experience: 20 years trial experience in defense of criminal cases
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