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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4816
Experience:  Experienced in state and federal criminal litigation.
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A police officer was coming to my house while on duty for sexual

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A police officer was coming to my house while on duty for sexual favors. Do i have a case against the city? I've reported it to internal affairs today.

TexCrimLawyer, J.D. :

What exactly is the officer doing?

Customer:

for example, he drove by my house while on duty last week and saw my fiance leave the house. The officer called me and asked if he could come over for a blow job because he knew i was alone. he's asked me to send him naked pics and sent me a pic of himself exposed.

TexCrimLawyer, J.D. :

Have you and this officer ever engaged in sexual activity before?

Customer:

yes many times while he was on duty. i was afraid that if i didn't he would try to "get me"

TexCrimLawyer, J.D. :

Did he ever threaten you?

Customer:

not directly. however, i felt threatened. after all he is a police officer. he knew i lived alone and told me i better not tell anybody and get him in trouble.

TexCrimLawyer, J.D. :

Has he done anything since you reported him to internal affairs?

Customer:

I just reported him today. They are bringing him in tomorrow morning so I don't know how he's going to respond. Internal affairs took it very seriously.

TexCrimLawyer, J.D. :

It is very unlikely that you would have a lawsuit against he city.

TexCrimLawyer, J.D. :

First, the city would claim that they had no knowledge of what was going on, and had no reason to know it.

TexCrimLawyer, J.D. :

Second, they would claim the officer was acting outside the scope of his employment. That is, he was essentially acting "on his own."

TexCrimLawyer, J.D. :

If the officer robbed a liquor store while on duty, the city would not be liable, either.

TexCrimLawyer, J.D. :

Things are complicated further by the fact that you were apparently engaging in what would seem like voluntary sexual acts with him in the past.

Customer:

okay. I respectfully disagree. I think the department should be held accountable for the actions of their employees. I was afraid that he would be out to get me. sure enough the city arrested my fiance today. I know this officer was behind it in jealousy and revenge. Thank you for your time and i appreciate your expertise.

TexCrimLawyer, J.D. :

I understand your frustration, but I can only give you my expert opinion and assessment of the law. You can consult with a local lawyer to review your case, but I think you will have a very difficult time getting any money out of the city under the circumstances you've described. I'm sorry for the bad news, but the law is what it is.

TexCrimLawyer, J.D. :

I hope that answers your question. If so, please click the ACCEPT button. If not, feel free to ask follow up questions.

Customer:

if he contacts me or threatens me after internal affairs speaks with him, does that make a difference?

TexCrimLawyer, J.D. :

Yes. At that point, the city is on notice of his actions.

Customer:

okay. I will keep that in mind. thank you again. have a good evening.

TexCrimLawyer, J.D. :

You too. Good luck.

TexCrimLawyer, J.D. :

If I can't do anything else for you, please remember to click ACCEPT.

TexCrimLawyer, J.D. and 2 other Criminal Law Specialists are ready to help you