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socrateaser
socrateaser, Lawyer
Category: Criminal Law
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Experience:  Retired (mostly)
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City gives me a letter requesting I move the gas mater ...

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City gives me a letter requesting I move the gas mater ... when I do I am arrested for damage and theft of government property even though nothing was damaged nor stolen... charges were later droped... mayor stated he just wanted to teach me a lesson... ????? I never had any dialoge with him or others in the city... can I do anything about this?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  socrateaser replied 4 years ago.

You can sue for a civil rights violation under federal law: 42 U.S.C. §1983. This is actually a pretty big deal law suit. It should make for some great media attention.

 

For a civil litigation/civil rights lawyer referral, see: http://www.abanet.org/legalservices/lris/directory/main.cfm?id=IL and www.martindale.com.

 

Hope this helps.

 

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Customer: replied 4 years ago.
LOL... I am not looking for attention... I would like to get my record expunged... and $ restitution for legal costs and an apology...
Expert:  socrateaser replied 4 years ago.
Maybe not, but a "1983" lawsuit is extremely unusual. It's the sort of law that was used to stop racial violence during the 1960s. And, it's the only way you will likely get your record cleared.
Customer: replied 4 years ago.
What right was violated?... I am not black or any special protected class... just a regular guy?
Expert:  socrateaser replied 4 years ago.

You were arrested without probable cause, under the instruction of a government official who knew that there were no grounds for the arrest. That is a crime under federal law (18 U.S.C. § 242), and the law provides the injured party with a civil remedy under 42 U.S.C. § 1981.

 

Government officials in the USA are not permitted to just arrest people because they feel like teaching them a lesson. That's something that I would expect from the Peoples Republic of China, or the former Soviet Union.

socrateaser, Lawyer
Category: Criminal Law
Satisfied Customers: 33376
Experience: Retired (mostly)
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