What is the procedure in making arrest for"assault?"
Do this citizen have grounds for a lawsuit.i say yes,but need your honest opinion here thank you.and i am farrah.
set of fact(s)are as follows,(going by a transcript and documentation)today thank you..
on or about Oct.25 2010:
1.Dad was arrested for striking his child yet no incident even ever took place.child is 18.
2.child was told to say this by the new spouse(of the child mother)to"get back at dad"from the past,whereas;dad allegedly "discipline"child growing up few times spanking etc. no abuse.
3.dad was arrested,booked,humiliated,naturally,embarassed,feel
he was falsely arrested due to police state,"we are arresting you under the'Domestic Violence
Act,since your kid name is XXXXX XXXXX
a "active restraint order?"(that his ex wife has from when child was under 18)etc. when they were going through a bitter custody fight
for years,and inform dad how"he has evidence"to support the child statement/step dad statement such a video recording of statement by kid,that dad strike him hard causing bruises
yet NO photos,were taken.Flagrantly the COP LIED.
Nor a signed statement sby Kid,as cop said during arrest,again the police officer lied.
Cop also adds,"a video statement by the young man"age 18,
yet NO video produce either.
COP AGAIN LIED.
Dad has to post bail.was detain for up to seven hours,fingerprint,mugshot,charge with assault.Yet cop has as your reading NO evidence supporting such arrest of the father.
based on the aforesaid i feel there is enough here,
for lawsuit to be number one filed,as later,if not settled,
that such material fact,of lieing on video,pix taken of serious injury to the 18 year old prompting a "arrest" etc.
could permit any reasonable jury to find that probable cause
was clearly lacking for each of the charge,involved,Because the cop LIED about having video tape,a SIGNED confession,based on what
the child allege to have told cop,also lie on having pix,showing such "serious"injury the police docs state in addition,adaging
how photos were taken yet NONE presented at court
,NOR the officer,
Later case dismiss.
The adult child, never show up,and we are talkin bout 5 hearings here.
NO one ever showed even though it took four police officers to arrest him at his home in oct.2010.
No officer showed.
The case was just recently dismissed.Prosecutor adage we have your honor,decided on not"prosecuting this individual'so we are moving to dismiss the charge
of"assault"as we have advise defendant attorney ___.
CASE DISMISS finally against the dad just last week.
Is there a fourth amendment/false imprisonment claim here,and what is police procedure
BEFORE making a arrest thank you.