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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90460
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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CAN THE FOLLOWING BE USED TO SUE A NJ POLICE DEPARTMENT FOR

Resolved Question:

CAN THE FOLLOWING BE USED TO SUE A NJ POLICE DEPARTMENT FOR NOT ALLOWING INTENRAL AFFAIRS COMPOLAINTS TO BE MADE IN THE WAY THE "CUSTOM" OR POLICY, Of THE NJ ATTORNEY GENERALS OFFICE SAYS THEY HAVE TO?

Under Title 42 U.S. Code Section 1983, the federal civil rights civil statute, individuals may file lawsuits against an offending officer, police department, or jurisdiction.151 Although the federal law, Section 1983, is used most frequently, plaintiffs may also use state-level statutes in bringing abuse lawsuits. The statute mandates that:

Any person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress....
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you today.

JD 1992 :

Can you provide a few facts, just sentence or two, to put this into context?

Customer:

well, nj has an internal affairs policy, it was last updated in sept of 2011, by the nj attorney general, this states that every law enforcement department must without delay take internal affairs complaints regardless of time of day or day of week

JD 1992 :

And what happened in your particular case?

Customer:

i call the county prosecutors office after hours, they are closed, give another number to call on the automated message,.it says to call that number and ask for the on call supervisor,....... which i have done,..... and the people answering the phones refuse to do it, threaten me, hang up,.. tell me they have no idea what im talking about, etc etc,........ over and over again

JD 1992 :

Do you have any idea why they are doing this?

Customer:

lawsuits are about asking that question, is this right?

JD 1992 :

No, not exactly.

JD 1992 :

They had to have had an illegal reason for their actions. The Supreme Court of the US has stated that a police department isn't obligated to perform their functions.

JD 1992 :

It's a stupid ruling, but that is the current state of the law.

Customer:

i'm not a mnind reader,..... i can speculate , but that wouldnt be good,.. it would be a question in my lawsuit - "why are you acting like this"

JD 1992 :

If they were refusing to take the complaint for an illegal reason, like race, age, gender, etc. then there could be a lawsuit.

JD 1992 :

You could also file a complaint with the state AG office.

Customer:

it is ilegal to disobey your boss no, to disobey a direct order from the nj attrorney general?

Customer:

well, listen, you are speculating as welkl

Customer:

the law suit will ask them why,.. if the reason they state is ilegal, then ill win, if it is legal, then ill lose, right?

JD 1992 :

The AG is not the boss of a city police department.

Customer:

actually it is in nj

JD 1992 :

If you can get to that point.

Customer:

the only person a chief is accountable to is the attorney general, according to nj law

JD 1992 :

If you can't provide a reason that they are acting illegally your case will be dismissed for "failure to state a claim".

JD 1992 :

No, that's not correct as far as the law.

JD 1992 :

The AG can make sure the police are acting legally, but they aren't the "boss" of the police chief. The police chief answers to the city council.

Customer:

the c;laim is they are refusing to follow th epolicy of the nj attorney general,, who recently came out and said it has to be followed, based on a nj aclu investigative report on 487 municpalities

Customer:

you are wrong,,

Customer:

on that

Customer:

i talked to the citry council here who claim they have no say over th epolice

JD 1992 :

I'll opt out and let someone else assist you. Good luck with it.

Customer:

ok

Customer:

getr someomne else on here that knows nj law

Customer:

accordinbg to you a person whould have to know why a cop beat the crap out of him to file a law suit

Customer:

that doesnt sound right to me

Customer:

how would the victim know "whyz' another person did what they did

Customer: replied 1 year ago.
Relist: Other.
the expert said he was going to leave before we were finished talking baout the question.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. Your previous expert has opted out and I am a different expert and I am looking forward to working with you to provide you the information you are seeking.

In order to bring an action under 1983, there has to be an actual civil right violated. If there is no civil right, then 1983 does not apply. There is no actual civil right being infringed under the US Constitution by them not immediately taking your complaint about the police. The violation you are alleging is a violation of a policy set up by the Attorney General, not even a New Jersey statute.

Thus, you are referring to a recent "opinion" on "policy" of the Attorney General. The Attorney General does not make laws under the Constitutional separation of powers, the legislature makes laws, the governor (in this case) enforces laws and the courts say what those laws are.

Thus, if a local department is not following the new policy opinion by the Attorney General, which does not carry the force of law because there is no NJ Statute enacted by the legislature stating that complaints must be handled in the way the Attorney General is suggesting in their policy opinion, your recourse when a department is not abiding by the policy would be to file a complaint with the NJ State Attorney General against the department and they must handle the adherence to administrative policy.

If a department is flat out refusing to take a complaint against officers (regardless of their system of intake be it immediate or by allowing a complainant to leave a message and then responding to those messages when manpower is available) then the citizen's recourse is that instead of having IAD investigate the complaint they can file a civil suit (possibly even a 1983 suit) against the department and the officer for the alleged violation that the citizen was calling IAD to try to report. This is the alternative recourse that can be taken in addition to reporting the department to the Attorney General for not having an IAD system set up in accordance with the AG opinion policy.



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Customer: replied 1 year ago.


so what you are saying is that it is only lip-service to the public,....... that the attorney general can publish online its' policies on internal affairs - http://www.nj.gov/lps/dcj/agguide/internalaffairs2000v1_2.pdf , and the NJ ACLU can do a big time secret invrestigation with a report blasting over 400 law enforcements departments in nj for not obeying the policy,.... the nj attorney general who by political definition hates the aclu agrees with the aclu,-------- but not of that matters,...... a person can continue to call to make a complaint against an officer, and continue to be yelled at, hung up on, threatened with harassment charges, claim they have no idea what internal affairs is, etc etc etc, time and time again,...... a their is no way TO FORCE THEM THREW THE LAW TO MAKE THEM OBEY THE POLICY? EVER. ? CORRECT?


YOU LAST PARAGRAPH, SAYS "COMPLANT AGAINST OFFICERS, NOT INTERNAL AFFAIRS COMPLAINT,.. INTERNAL AFFAIRS COMPLAINTS ARE DIFFERENT FROM A REGULAR COMPLAINT, BECAUSE THEY ARE NOT SWORN STATEMENTS IN NJ,, CAN BE DONE ANONOMYOUSLY,.. AND ARE SUPPOSE TO BE TAKEN REGARDLESS OF THE TIME OF DAY OR DAY OF WEEK.


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

"Lip service" is your term, but yes, it is not a law enacted by the NJ legislature. The NJ ACLU has no legal investigatory and enforcement power. The NJ Attorney General has power to enforce the laws of the state of NJ. The fact that the NJ AG comes out with a policy on how IAD complaints should be handled does not give it the force of statute, but it is instructive to departments, which is why I said that if the departments are not adhering to the AG policy, the only complaint you have is to the AG as it is up to them to enforce their policy.

When I said "complaint against officers" I was indeed referring to an IAD complaint and forgive me for just shortening it for the sake of saving on my typing as it was Internal Affairs complaints I was addressing when I was talking about a department taking complaints against their officers. When you say "are supposed to be taken regardless of the time of day or day of week," again you are referring to what the AG policy states and not what any NJ Statute states and this is something that you have to address with the AG's office. It is NOT that you have no claim that the department is not following policy, it is just that it is up to the AG to enforce the policy regarding taking of IAD complaints as it is not a statue or even a constitutional right, which means you cannot sue for 1983 as a civil rights violation.

Please make no mistake, I am not saying you have no legitimate claim for the department refusing to take a citizen's IAD complaint, but I am saying your claim is to the AG. Additionally, if a citizen has been wronged by the actions of an officer, he can file a civil suit against the officer and the department regardless of filing any IAD complaint.
Customer: replied 1 year ago.

RIGHT, BUT IF A CITIZEN WANTS THE ia COMPLAINT TO BE taken as per the ag's policy, and by virtue of looking and reading the ag's policy online,... and the harrassment is not a crime in nj, and the person, like me, continues to try to make to complaint anonomyously,..... if they attempt to, annd actrualy do so, find out who i am, and charge me with harrssment,.. then i would have an additional ;part of the law suit, because in nj,.. you cant get intenet of telephone information without a grandy jury, which you wouyld need a crime, or homeland security,.. which is not the case here,...... and even if that does happen, whats the fine, like 200 dollars?, and then i'll get to talk in court for hours, til rthe judge shuts me down,,... and if he shuts me down prematurly, ., i could appeal that and win, be remanded back, and be allowed to continue to talk,.. isnt this all true?


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I understand your point and if the citizen insists an IA complaint be taken per the AG policy and the department refuses, then it is up to the citizen to file a complaint to the AG's office against the department and it is up to the AG's office to enforce their policy.

All of your remaining statements are not quite true. If they charge you and you go to court, you do not have the right to just talk in court. The judge, who is the trier of fact, has the discretion as to how much "talk" they will hear from either party in a case. Thus, a judge can stop someone from talking (actually testifying because it would be under oath) in their defense or when making their case in court when the judge has heard enough facts to enable them to make a reasonable and rational decision on a case. Thus, just because a judge shuts down testimony of a party does not mean a case would automatically be overturned and remanded on appeal, the appeals court would have to find that "a reasonable judge hearing the testimony they heard could not have reasonably come to the same conclusion," which is known as the abuse of discretion standard and one of the hardest grounds to vacate a case on.

Due process guarantees you have a right to present a reasonable defense and have the right to cross examine witnesses, but it does not state that right cannot be circumscribed by the court or judge hearing the case based on relevance or whether or not the information you are presenting or testifying on is duplicative or cumulative or repetitive or not relevant to the charges and your guilt or innocent and the judge in their discretion can thus limit any testimony for one of those grounds.
Customer: replied 1 year ago.


I WAS ASSUMING A GUILTY VERDICT, I WAS TALKING ABOUT AEFENDAT GIVING A SENTENCING STATEMENT,..... THAT IN FACT CANT BE SHUT DOWN,, UNLESS THE DEFENDANT GETS OFF TOPIC,....... AS LONG AS A DEFENDANT IS ON TOPIC, HE CAN TALK LIKE MT SMITH GOES TO WASHINTGTON,..... VERY HARD FOR A JUDGE TO SHUT A DEFENDANT DOWN ION SENTENCING HEARING, NO?


I WASNT TALKIN G ABOUT A DEFENSE, I UNDERSTAND THAT THE COURT WILL WANT TO COVER UP AS MUCH POLICE MIS CONDUCXT AS POSSIBLE, AND AS MUCH MIS USE AS POSSIBLE, ECT ETC,..


I WAS TALKING ANOUT THE SENTENCING PARTY, WHERE A DEFENDANT CANB MAKE A STATEMENT,...

Customer: replied 1 year ago.


FOR A THERE HAVE BEN CASESWHERE JUSGES HAD TO SHUT THE COURT ROOM DOWN, AND CNTINUE TO ALLOW A DEFENDANT TO TALK ON SENTENCING, ON VBIDEOTAPE, AS LONG AS HE STAYED ON TOPIC,.. THERE IS A CASE A GUY GOT TO TALK FOR DAYS ON IT,... VERY HARD TO LEGALY SHUT THAT DOWN, NO?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and for your clarification, since you did not say anything about a sentencing statement in your question I responded to.

It is not possible for even a defendant to "talk for days" on their sentencing statement as the court has been held to be the "gatekeeper of the evidence" and as such they do have a discretionary ability to limit these statements (not prohibit) in their court room and there are no NJ cases where a defendant was allowed to talk for days on a sentencing statement for a minor offense like harassment.

But speaking of being off topic, we have now gone off topic from IAD and the particular department refusing to comply with the policy opinion of the Attorney General to court procedure.
Customer: replied 1 year ago.


NONE THE LESS,.. THIS IS WHAT YOU HAVE TO "SAY" , have, to say,.. whats in your back pocket , as available to say,...... but you are not a court,........ and no mattr how many times i call to make an internal affairs complaint,.. i am never going to be allowed to do it,.. and the government is never going to legaly be allowed to find out who i am,....... so it i9s a stnd off,.. i'll continue to do it, every so often, once a week, once every 2 weeks, once a month, 3 times a week, whatever itr will be, for as long as i live,..... and i dont see how how it can be stopped,...... the only way to stop it, would be for the governement to do the right thing, and allow the complaint/complaints, be entered as pewr the ag's p[olicy,...why would the government want to prevent a person in the first place,.......


'

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I agree that the department you are complaining to is not handling their IAD complaints properly. I spent 15 years working in an IAD unit in another state and we had to address every complaint that was called into our office. We did have an answering machine for people to leave complaints and we responded within 24 hours or the next business day if it was a weekend or holiday, BUT we also had a process in place where if there was a serious citizen IAD complaint we would have agents on call to respond to those immediately.

Unfortunately, that is what the NJ AG is trying to do by their policy opinion, but that the police department you are dealing with is choosing not to follow.

I really would suggest that you file your complaint with the Attorney General though to get that process rolling and let them start looking into this department's procedures.
Customer: replied 1 year ago.

the monmouth county prosecutors office,.. the largest police deprtment in the county,..... is not allowing anonomyous internal affairs complaint tiobe made regardless of time of day or day of week,.... but thge people on the phones are taking it to another level of rights violations, by making threats, hanging up,. etc etc,....... i gret these guiys on audio doing it, i think i have a slam dunk law suiot for punitive damages,....


heck,, in 2009, i wrote them via thier websie webmail about an officer just graduated the academy, handed his government issued firearm to a guy that bukllied me my entire life, who put it at my head and pulled the trigger,...................... thecaptain , captain powers, illegaly found out who i was, despite state v reed, came to my rtesidence, and told me i had to make a sworn statement to make the cokmplaiknt-- this is not truwe, and i van sick and tired of lawenforcement peopkle screwing with my rights, peoples rights,..... internal affairs comp[laints are not sworn statements, but have to go into the personel file of the officer


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I do understand your issue and again, I agree you have a good claim to make with the NJ Attorney General. As far as suing the department, at the most you have a claim for a declaratory judgment which is a court order to follow some law or rule. As far as damages, not being able to file an IAD complaint does not cause any actual monetary damages, because you have the right to sue the officer/department for the actual actions taken that you are trying to make a complaint to IAD about.
Customer: replied 1 year ago.


suing people is not "nice",.. i agree with a lot of nj judges about certain things in lkw suit, or criminal complaints are not "nice" way to go about things. this is the beauty of my arguement,.. i want to be "nice", and get my complaints on the books, properly,..... as per the AG internakl afairs thing,.. insterad of filing a law suit,.... get it?,...... as long as i keep up the high road,...... then, eventually, i will have a slsam dunk lawsuit against them, as a last resort,........ because certainjly, the people that are refusing me to make the official internal affairs complaintys, are not doing what the residents, citizens, taxpayers, voters,. are asking them do do fopr their paycheck


so i got them on this, and they dont have me


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If they are refusing to take your complaint, then your remaining recourse is complaining to the AG at this time, because the NJ Statutes have never been changed to include a mandatory provision for police agencies to take internal affairs complaints. This means the NJ Legislature would ultimately have to pass a law about taking of these complaints in order to give you a legal cause of action.

Your other recourse is the court of public opinion and begin publicizing how the department refuses to take complaints from citizens who pay taxes to support running the department.
Customer: replied 1 year ago.

RIGHT, THATS WHAT YOU SAY,..... but i dont have to know that,in an acdemic waty,.. even the disclamer on just answer says i dont have to know it,... so put my understanding in this context,......... as far as i know, based on the ag's policy,.. i am allowed to do it,.. to call and try to make the complaints,.. if and when the governments wishes to say what yo have stated,. and beat me,.. whats thew ukltim,ate fine, 200 dollars, 500 dollars?


 


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

As far as you know, until told otherwise, the AG policy allows you to file your complaints and they are supposed to take them. However, if the department flat out refuses to take them and you keep calling, then you cannot say that you did not know they would not take the complaints, you can only say that you know they are not following the AG policy and at that point if you want to pursue the matter your duty becomes to make the complaint to the AG.

Harassment is a petty disorderly persons offense and the fine is up to $500 and up to 30 days in jail.
Customer: replied 1 year ago.

OF COURSE, I AM PERFECTLY WILLING TO SAY THEY WONT TAKE THE IA COMPLAINYS AS PER THE AG, THE QWUESTION IS ARE THEY WILLING TO ADMITT IT?.... NO JUDGE WILL GIVE ME 30 DAYS AND A 500 DOLLAR FINE FOR TRYING TO MAKE AN INTERNAL AFFAIRS COMPLAINT,....... IF THEY DO,.. THAT IS WINNABLE ONCAPPEAL, I AMCONFIDENT OF THAT,...... FURTHERMORE,.......A CITIZEN, RESIDENT, TAX PAYER, SHOULD NOT HAVE TO BE FORCED IN THGIS POSITION,..... GET IT?,... WE PAY THE PEOPLE IN THESE POSITIONS IN GOVERNMENT TO OBEY IT,... I WANT TO FIND OUT WHY THEY ARE NOT OBEYING IOT,.. I MEAN, MY GOD MAN, ISNT THAT KIBNDF OF EVIL,.. THAT THE ATTORNEY GENERAL TELLS THEM TO DO THIS,.. EVERYONE, EVERYSIDE OF IT, BELKIEVES THEY SHOULD, WE PAY THEOIR SALARIES TO DO IT, ANMD YET THEY STYILL REFUSE,.. IS THAT NIOT THE DEFEINITION OF EVIL?


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your additional comments.

You do realize I am not arguing with you and am merely pointing out the legal issues regarding the points you are raising. I do get your position, the only thing I am telling you is what the proper process you need to follow is and I am not giving you my personal opinion because in law my personal opinion does not really matter. I did not say a court would give you 30 days and a $500 fine, I said that was the maximum penalty.

However, as much time as you have invested in this matter, spending a little more time to complain to the Attorney General would seem to be a worthwhile expenditure of your time and that will be the only way you will find out why they are not following the Attorney General's opinion.
Customer: replied 1 year ago.

YOU DONT THINK YOUR PERSONAL OPINION MATTERS? IS THAT NOT A PROBLEM WITH OUR SOCIRTY, THAT PEOPLE THINK THEIT PERSONAL OPINIONS DONT MATTER?... THGINK OF IT THGIS WAY,...... I WORKED AS AN ANALYTICAL CHEMIST FOR OVER 20 YEARS IN TE PHARMACEUTICAL INDUSTICAL, AND TO A MAN, EVERYONE IN THE FACTORIES, PLANTS, LABS, ALL HAD TO DO WHAT THEY WERE TOLD TO DO, NO MATTER WHAT, EVERYONE,.. WHY IS IT PEOPLE IN GOVERNMENT, ESPEVIALLY LAW ENFORCEMENT, BELIEVE THEY DO NOT HAVE TO DO WHAT THEY ARE BEING ASKED TO DO?, AND THIS IS NOT AN ISOLATED INCIDENT, , IT OCCURS EVERY DAY, IN EVERY JURISDICTION IN THAT NATION,..... WHAT THE CIRCUMSTANCES ARE , ARE INSANE, NO?


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
As I said, in law and in the nature of the service we provide here, my personal opinion does not matter legally. Again, I am not arguing with you and what you re saying, but all I can present to you is the legal principles and information based on your situation.

You have a right here, but it is up to you to either choose to make the complaint as stated or not. But I have indeed provided you the information as to how to legally handle the situation you have presented to us and that is the scope of this service.
Customer: replied 1 year ago.

WELL,. ACTUALLY, BY DISCALAMER OF JUSTANSWER, YOU HAVE PROVIDED ME A LEGAL RESULT OR ANSWER, BECAUSE THAT IS NOT WHAT JUSTANSWER DOES,.. IF THE COUNTY PROSECUTORS OFFICER/ POLICE DEPARTMENT, TRIEDE TO ARGUE THAT,.. I WOULD HAVE TO ARGUE BACK, THAT NO, I DID NOT OBTAIN LEGAL ADVICE

Expert:  Law Educator, Esq. replied 1 year ago.
I have provided you information as to how to try to resolve your problem and what you can to help yourself. That is what we do, provide people with information to help figure out how to resolve their situations and what the laws are surrounding their situations.
Customer: replied 1 year ago.

 


see,, your answer to me on saturday may 4, at 1:03 om about states


 


"The violation you are alleging is a violation of a policy set up by the Attorney General, not even a New Jersey statute.

Thus, you are referring to a recent "opinion" on "policy" of the Attorney General. The Attorney General does not make laws under the Constitutional separation of powers, the legislature makes laws, the governor (in this case) enforces laws and the courts say what those laws are."


So you were wrong in your answer because the following is true :::::


 


if you would just read page 3 of the odcument link below,, you WILL SEE IT IS A LAW,, AND A VERY SERIOUS LAW, A NJ LEGISLTIVE LAW,, THAT SAYS ALL POLICE DEPARARTMENTS MUST OBET THE NJ NJ ATTORNEY GENERALS POLICY AND GUIDELINES AS TO INTERNAL AFFAIRS COMPLAINTS


 


http://www.nj.gov/lps/dcj/agguide/internalaffairs2000v1_2.pdf

Customer: replied 1 year ago.


ALSO READ PAGE 4,, HECK READ THE ENTIRE INTRODUCTION. I do not know if you intentionaly gave me false information,.....but i wil give you a chance to correcdt yourself, otherwise i have no coice but to ask for a refund fron justanswer.

Expert:  Law Educator, Esq. replied 1 year ago.
Sir, the law is NJSA 40A:14-181 which state every department's internal affairs agency will adopt a policy. That is what the law says. It does not say that they have to adopt the AG's opinion on policy, it says they have to adopt "A" policy. Thus, while you would like to read that I am wrong, I am truly not wrong, they have a policy, one you do not like, but they have a policy. If they are not following their policy, then make a complaint to the AG and you can sue them for not following their particular policy.

You are misinterpreting what that manual and the NJ law says because it is favorable for you to do so. The manual also says the AG is the supervisory law enforcement agent in the state, which was why I told you several times you had to file a complaint with them if the department was not following their opinon on the new IAD policy.


However, here we are now 3 days later and it is a Tuesday, and you have yet to file a complaint with the AG's office regarding this department not following policy, yet you would like to come try to tell me I am wrong and the AG's opinion is law, when that is not what the NJ Statute says. I have read the statutes, the NJ statutes say that the department must have a written policy for dealing with complaints that is all it says. Again, if this department is not following its own written policy, which it must have, you have to file a complaint with the AG's office and not argue with me about it because I AGREE WITH YOU THAT THEY SHOULD BE TAKING ALL CITIZEN COMPLAINTS, where we disagree is the process you are seeking to take without making a complaint to the AG's office first as the chief supervisory agent over law enforcement.

And by the way, you have not paid me a single solitary dime for the several hours I have spent working with you, since you have never clicked on positive feedback, so please do not threaten me about asking for a refund as I have expediently and courteously responded to every single one of your responses. Again, I keep telling you, we are in agreement on the fact IAD should be taking your complaint, you just are not wanting to grasp the process you need to follow as I keep explaining.
Customer: replied 1 year ago.

did you read the policy and procedures, ..... page 3 and 4, and 5? the polices must be consistant with this policy, any inconsistancy would be grounds for a federal lawsuit. read it. do you work for the state, are you a cop or a prosecutor? trying to supplement your income? listen. ANY REASONABLE PERSON CAN READ THE INTRODUCTION PAGES AND UNDERSTAND THT EACH POLICE DEPARTMNENT MUST OBEY THIS.

Customer: replied 1 year ago.


I AM GOING TO FILE A FEDERAL LAWSUIT AND A COMPLAINT WITH THE AGS OFFICE,.. BUT FIRST I NEED TO HIRE AN ATTORNEY , WHERE I CAN GO TO HIS OFFICE, AND MAKE THE PHONE CALLS AROUND 8-10 POM AT NIGHT, AND RECORD THE COUNTY AS MANY TIMES AS POSSIBLE VIOLATING MY RIGHTS,... THEN IT WILL BE SLAMDUNK LAWSUIT WITH PUNITIVE DAMAGES

Expert:  Law Educator, Esq. replied 1 year ago.
I read the manual and I disagree with your interpretation of that manual.

I do not work for the state and I represent neither your interests nor the state interests in this. I am simply providing an interpretation that is not biased and receiving nothing but insults from you because I will not simply agree with you.

I told you and I will say it again, you are right in that they cannot keep refusing your complaints, but you are wrong in how you are approaching this matter (how you think that makes me someone protecting the state or working for the state is beyond me). You cannot file a federal lawsuit until you pursue your claim through the AG's office, you have to take these things one step at a time (the common failure of a pro se party is to want to short cut the legal process and it is cause for them to lose what could be winnable cases).
Customer: replied 1 year ago.


I WISH I COULD COPY AND PASTE the words in here from the policy,.. but it is not open to interpetation. the words say what they say,.... VEREY CLERLY.


PEOLE HAVE WRITTEN LAW SUITS ON TOILET PAPER FROM FEDERAL PRISON AGAINST THE OGVERNEMNT THAT HAVE BEEN ACCEPTED BY FEDERAL JUDGES. BUT I WILL WRITE IS PROPERLY,... AND SUBMIT IT PROPERLY. anyone can walk up to a fedewral court window and even ask for help in doing so,... and they have to help you,, give you a place to fil out the forms, etc.... and you file it,...... thats it,...

Expert:  Law Educator, Esq. replied 1 year ago.
I can read the words. I understood what they mean as well. Did you also read in the manual, "The manner in which these mandates must be implemented is a decision that is left to the discretion of the individual law enforcement agencies."

Again, summarizing the document at the link and the law the agency must have "a" policy, the AG policy sets minimum standards, and each department has the discretion on how to implement the standards. Thus, you need to get a copy of the particular department's IAD policy to see whether or not it conforms to the AG policy and if they have implemented the required minimum standards before you go writing and filing your federal lawsuits. This again is why you filing your complaint with the AG is important because their office will investigate and determine compliance with the law and determine if their policy meets the required standards.

However, if you are so intent to rush to the court house, you can do so and upon filing your suit you would then have to serve discovery on the particular department to obtain their written policy to compare to the AG standards to determine if they are meeting the standard minimums and this takes considerably more time and money than it does filing your complaint with the AG first.
Customer: replied 1 year ago.

i have called after hours probably 100 times already, over the course of months,... some nights it is 5-10 calls as they keep hanging up on me------- certainmly if this is their policy, it is not consistant with the ag's policy,......... and if it is not their policy to do this,.. then they are violation their policy,.. the law is clear on this.


 


why would i want them to investigate it,... the ag's office,.. they will protect the departments, a law suit can enable me and experts i hire to investigate it,...... to request and obtain everything ,... in discovery,.... in questions,.. i ask the questions, i am the one filing the lawsuit, it is up to the state to answer my questions in a federal filing,....


 


it is a no brainer at this point.


 


no judge state or federal can accept a citizen being put off or hung up on 100's of times over months, trying to make internal affairs complainmts,....... imagine the 10's of thousands of people in nj this is happening to every year.


 


laywers/police/prosecutors/government/ to a man, always say the law is being misinterpeted when it is something they do not or can not comply with,...........


 


the monmouth county prosecutors office may not have personel on hand to handle internal affairs complaints after hours,.......... but if this is true, they are in violation of the law, that state that the policy, to be consistant with the a's policy, they must someone there to take the complaints at any time, 24 hours a day, everyday of the year.


 


it is a no brainer


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
I see your point regarding you trying to make your complaint with the department.

I also understand why you do not think you should have to file a complaint with the AG. That is fine, you can file your lawsuit directly alleging their policy does not conform to even the minimum standards set forth by the AG as required by the NJ statutes and then you can conduct your discovery to prove that their written policy does not comply or that their officers are not following their written policy.

At some point you are going to have to get their written policy and compare it to the current AG minimum guidelines to determine whether it is that the department does not have a proper policy, which makes the department liable to you or whether it is the officers who are not following the written policy, meaning you have to pursue the officers along with the department under the theory of respondeat superior (they are responsible for their employees).
Customer: replied 1 year ago.

OFFICERS DONT ANSWER THE PHONES,.. TH EPEOPLE ANSWERING THE PHONES ARE phone operators at the 911 cal center for monmouth county communications,.. but you do not dial 911 to get them,, you dial the after hours number given to us through themain number of themonmouth county prosecutors office, where they sat to dial that number, and ak for the on call supervisor,.... which they refuse to connect you to.


 


this policy of putting people off, threatening callers, hang ing up,.. so on and so fiorth,.. can not be consitant with any lawful policy,...


 


they are liable for their actions,,,....


 


iif a police officer shoots an unarmed suspect,. for no good reason,, it doesnt matter the policy says they can do it,.. what matters is that this is what they did,..


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
To clarify, when I said "officers" I was referring to whoever was refusing to take your complaint when you called and not following the department's written policy for handling IAD complaints.

If the 911 operators are not following the written policy, then this is a different cause of action you have in your suit from the department not having a proper written policy and you need to determine this as part of your investigation so you can file the proper cause of action.

For example, if you file a suit for the department not having a proper IAD policy and they prove they do have one, then your suit would be dismissed. Thus, before you file any suit, you have to make the determination of what your cause of action is first, either the department not having a proper written policy or the members of the department or 911 operators not following the policy, since you have to tell the court specifically your cause of action you are suing over.
Customer: replied 1 year ago.

ok,, and then in discovery , in the questions,..... i can ask for the documentation,....... cause sometimes they do put you threw , but it takes hours of calling and hang ups, but that is rare,...........but then you are suppose to get feedback on it, even if anonomyous.
the county communications center asks for your number,...... once they get the phone number you are calling from, they can trace it and find out who you are,.. that defeats the purpose of having it be anonomyoius. see my point?


 


but even when once in a blue moon you do get through,....... the police do not handle it as per the ag's guidelines,....


 


all they want to do is make it go away,..... the bigger the complaint, the more they make it go away,....


 


but at this point thats is just icing on the cake


 


what i need to do, is hire an attorney with a phone recording device in his office, place the calls from his office after hours, with him there as a witness and officer of the court,...... over several;d days a week, over several weeks,.. get it all recorded


 


then hit them with it,..in a law suit,..


 


the aclu couldnt do this, cause there investigation, this past year, calling over 400 nj police departments,.. they didnt have an internal affairs complaint to actual;y make,.. they tested the system,...... and found that nearly every department failed to know or obey the ag's policy


 


so the ag said he would train everyone in every department on it


 


appearantly no one got that memo


 


 


 


 


 


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
I see your point about being anonymous, but then again they could not notify you about the outcome of the complaint if they have no idea who you are, so you can see the catch-22 in this system. They are supposed to take anonymous complaints and they are also supposed to provide notice on the outcome of the investigation into the complaint which they cannot do to someone who is anonymous.

If they are not properly complying with their written policy or worse have no written policy, you would have to list both as causes of action in your suit and later dismiss one when you find out which the case may be. Your alternative is to file a public records request under the freedom of information act and ask for their written policy in advance of you filing your lawsuit. You must file the FOIA request in writing with the department. This way you can have their written policy and use that to help determine your proper cause of action.
Customer: replied 1 year ago.


there should be no catch 22 as you say,.. their should be a numbering system to call back and find out the outcome, in order to comply with the ag's policy,...


 


the 2nd part of your answer is that, no part of their written policy can be inconsistant with the ag's policy-- thats what the njac law says,.....


 


must be consistant,...


 


so any action taken, that isnt consistant with the ag's policy is by default ilegal under the njac law


 


i think i got that over a barrel,...


 


finding an attorney to hire with a recording device, willing to help me screw them over in another thing,....


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
I understand your narrow interpretation, but I am sure you can see how it is impossible to be actually anonymous and still receive notice, since they have to know who you are to send you that notice.

However, as I said, if they are not following the minimal policy then that is one cause of action which is different from whether or not they actually have a written policy that conforms to the minimal guidelines set forth by the AG's office. Once you make your determination as to your cause of action you can proceed and if you cannot find a local attorney, you can proceed pro se if you choose or perhaps the ACLU will step in (since they were behind the AG's changing policy) and will assist you with your matter. I cannot help you actually find an attorney to take your case though as that is prohibited by our rules.
Customer: replied 1 year ago.


actually it is not impossible, they can do it be email,.... because of state v reed, that says in nj, emails are anonomyous, unless a grand jury issues a subnpeana,.. not even a judge can break this,..... so by emailm if we can trust the police to not break that trust, and go to the injternet provider anyway,....... which they do all the time anyway,....but illegaly,...... it can be done like this


 


do you trust the police not to go to a cable company with an isp adress and ask for the info, and the cable company not to privide it, ,..


 


i dont


 


no one should


 


the police literaly hate, loath people, that complain about their actions


 


the police will break every law that exists to screw someone over if they have to , especialy to protect about complaints against the police


 


this goes back to a statement i have made in the past.


 


99.99999999999999999999% of the time, the government will change the rules on a dime to protect themselves


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Generally I am in concurrence with you about most police agencies, as I have seen too many officers and police administrators bend rules and laws to suit their own purposes.

As I stated, you can sue here if you choose to do so, but before you do you have to just make certain of your proper cause of action in your claims.
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Customer: replied 1 year ago.

OF COURSE THERE IS A CAUSE TO SUE THEM,,,,,,,, i dont care who calls them, the police,.... no prejudice at all,...... anbyone inside the united states can call the police,....... the police do not belive in this,..... it is not rocket science to know this,.....


in the case of internal affairs complaints, which is the - nicest- way a citizen can go,...... the police and their workers,... HATE IT,..


 


LIKE I SAID THE OTHER NIGHT,. YOU HAVE A JOB AND ARE ASKED TO DO SOMETHING IN IT,.. ND YOU FAIL TO DO THAT JOB,.. YOU NEED TO BE FIRED, ....


 


WHAT COMPANY WOULD WANT AN EMPLOYEE THAT REFUSES TO DO THE JOB HE IS BEING TOLD TO DO


 


WE THE PEOPLE, ARE THE EMJPLOYERS OF THE GOVERNMENT


 


ON A LOCAL LEVEL IT IS VERY CLEAR


 


WE ARE ASKING THEM THROUGH GOVERNMENT FOR THE PEOPLE, BY THE PEOPLE, OF THE P[EOPLE,.... TO DO CERTAIN TASKS,.. AND OUR EMPLOYEES REFUSE TO DO THESE TASKS,.. THEY SHOULD BE FIRED WITH CAUSE,


 


CAN BE NO DEBATE ABOUT IT


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
I agree with you and all I am saying is that you have to make sure if you are suing them you are suing under the proper cause of action. If you bring it under the proper cause of action then you have no trouble suing, but if you raise the wrong cause of action it can get your case dismissed and I do not want to see your case dismissed because you made the simple mistake of stating the wrong reason (cause of action) for your suit. Thus, if you conduct your due diligence before filing to know what their written policy is, then you can properly frame your cause of action.
Customer: replied 1 year ago.


IT WOULD BE A VICTORY TO GET A FEDERAL ASSINGMEBNT JUDSGE TO ACCEPT THE LAW SUIT AND FORCE THE STATE TO ANSWER THE MYRIAD OF POINTED QUESTIONS OUTLINED IN THE SUIT,... THAT IN OF ITSELF WOULD BE A VICTORFY TO SOMEONE LIKE ME,.. TO ACTUALY THROUGH THE LAW FORCE THEM TO ANSWER TO A COURT FOR IT,....

Expert:  Law Educator, Esq. replied 1 year ago.
If you want the suit accepted, then do your homework and get the copy of the policy as we keep discussing to make sure you are filing suit for the right cause of action.
Customer: replied 1 year ago.

I HAVE A COPY OF THE AG'S POLICY,.. THE INTERNET LINK IS FROM THE STATE OF NJ, US.NJ.GOV, NO.,..... THIS IS FROM THE STATE,....... PUBLISHED ON THE INTERNET BY THE STATE OF NEW JERSEY,.. ANY OTHER POLICY THAT ISNT CONMSISTANT WITH THAT POLICY, IS BY DEFAULT AGAINST THE LAW,.....


 


I DONT HAVE TO SAY I KNOW WHAT IT IS,...... THATS THE LAW SUITSUIT, TO FIND OUT WHAT IT IS,....


 


THAT WOULD BE LIKE SAYING RODNEY KING NEEDED TO KNOW WHY IT WAS ILEGAL FOR THE POLICE TO BEAT THE CRAP OUT OF HIM WITH BILLY CLUBS BEFORE HE COULD FILE A LAW SUIT TIO ASK WHY,..


 


COME ON


 


NOW THIS IS GOING TO THE PERSON THE OROGINALY RESPONDED, WHICH I TOOK UNBRIDGE AGAINST


 


IT DOESNT MATTER IF A VICTIM KNOWS WHY THE GOVERNEMENT VIOLATED HIS RIGHTS,.. WHAT MATTERS IS THAT THE GOVERNMENT DID IN FACT VIOLATE A PERSONS RIGHTS


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
I am not talking about the AG policy or the manual you got online, I was talking about a copy of the written policy from actual department you are having a problem with, since their policy is supposed to be in writing and comply with the minimum AG guidelines. You have no idea if the department's IAD policy is or is not consistent with the minimum standards all you know is that they are not following the AG minimum standards when you call to complain, however, you do not know whether it is because their written policy is non-compliant or the officers/employees are not complying with policy and as we have discussed above that has to do with brining the right cause of action. In this case it does make a difference, unless you just plan on alleging in your complaint BOTH their policy does not meet minimum standards set forth by the AG AND/OR their employees are willfully not following their written policy. You can do that if you choose, it just makes for a sloppy complaint, but still a valid complaint.
Customer: replied 1 year ago.


IT DOESNT MATTEWR I DIONT THINK, ALTHOUGH I DO UNDERSTAND YOUR POINT OF VIEW, BUT IT IS MOOT,.. EVEN IF THEIR POLICY IS RIGHT IN LINE WITH THE AG'S POLICY,...... AS PER THE LAW!!!!!,.... THEN I KNOW FOR A FACT THEY ARE NBOT OBEYING IT,... IF IT IS NOT IN LINE WITH THE AG'S POLICY,.. AGAIN , THEY ARE NOT OBEYING THE LAW,.. YOU ARE REWSTING IN INTERPETATION OF THIS,.. BUTRF THE WORDING IS QUITE CLEAR IN THE AG'S POLICE AND HIS WRITTING ON THE LAW,. AS WELL AS WHAT HE SAYS ABOUT FEDERAL COURTS RUKLING MORE AND MORE ON THE SIDE OF PEOPLE THAT INIST THEY HAVE THE RIGHT TO MAKE THE COMKPLAINT 24/7, 365 DAYS A YEAR\

Expert:  Law Educator, Esq. replied 1 year ago.
We are now talking about writing your complaint properly. If you fail to write it properly and do not make the proper causes of action, then you will not get to the point you want of having it accepted by the Federal court, so I was just telling you this to make sure you write your causes of action properly as it does matter to the Federal court that the complaint contains the proper causes of action.
Customer: replied 1 year ago.


I UNDERSTAND WHART YOU ARE SAYING, YOIU ARE NOW TALKING ABOUT A "REAL LAW" ACTION,...however,.... we alsoi know people in federal prison have wriitten out motions on toilet paper that federal judges have accepted,..


,,, what you are tyalking abnout is an individuals ability to cross all the t's dot all; the i's, , be a law expert, in order to get a court to hear a reasonable complaint,....... however, i do not agree a persons lack of ability or education in this should be taken as an overwelming negaitive that is will never get accepted .


 


otherwise, a whole other slew of law suits could occur on education, up to and including discrimination,...


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. If you want to be looked upon at the same level as an inmate filing garbage with the court (many of which are dismissed by the way) then that is up to you, but from our conversation I see that you have more pride than that and wouldn't think you would want to file something that was not done right, especially something of this importance to you and likely to others as well.
Customer: replied 1 year ago.


SO YOU ARE ADMITTING THEIR IS DISCRIMINATION,...... I BELIEVE EVERYONE SHOULD BE LOOOKED AT AS THE SAME, NO DISCRIMINATION WHATSOEVER AS ANY KIND,.... A PERSON IN A FEDERAL PRISON OR COUNTY JAIL, WRITING A MOTION,... SHOULD BE TREATED THE SAME A A BILLIONAIRE WITH 100 LEGAL EXPERTS WREITING A MOTION , OR FILING A SUIT,... WHAT YU ARE CONVEYING IS EXACTLY WHAT I AM FIGHTING AGAINST,......


I FEEL PRIDE I DO, BUT AT THE SAME TIME, MOST OF MY PRIDE LAYS IN THE RIGHTS OF ALL PEOPLE, EQUALLY,....... LISTEN,,..


 


YOU LAST SENTENCE IS UNDERSTOOD, BUT MOOT, BECAUSE THE COURTS, GOCVERMENBT, STATE, LEGISLATURE, CAN CHANGE THE RULES AT WILL TO ACCOMIDATE THEIR OWN PREJUDICES, REGARDLESS OF WHAT I DO,..


 


BUT AS AN AMERICAN, I HAVE THE RIGHT TO GO AFTER THEM,....... EVEN IF IT IS A FAILING ATTEMPT,..... YOUR TAKE IS THAT UNLESS YOU ARE GOOD ENOUGH, YOU CANT FIGHT FOR YOUR RIGHTS,..... THIS IS SOMETHING I FUNDMENTALY DISAGREE WITH

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry that you disagree that you are good enough to pursue this matter, but I think you are. I am not admitting there is discrimination, I am just saying the courts, especially the federal courts, insist their rules are followed and for the most part even prisoners follow the rules when they file complaints. It is their court and their rules and if you want to play in their court you have to play by their rules. The federal rules, unlike state rules, in court are fairly constant and even and easily followed if you follow the Federal Rules of Civil Procedure and Federal Rules of Evidence.
Customer: replied 1 year ago.


RIGHT, BUT THE COURTS, AGAIN, HERE WE GO ON STATUTES, HAVE TO HELP INDIVIDUALS FILE, ON ANY LEVEL, MUNICIPAL, COUNTY, STATE, OR FEDERAL,.....


 


I DID NOT SAY I WASNT GOOD ENOUGH, OR DIDNT MEAN TOO,.. WHAT I WAS TRYING TO CONVEY IS THAT EVERYONE IN THE UNITED STATES, BY VIRTUE OF BEING IN THE UNITED STATES, IN FUNDAMENTALY GOOD ENOUGH,.... BECAUSE THIS IS THE UNITED STATES,....

Expert:  Law Educator, Esq. replied 1 year ago.
There is no law I am afraid in the United States that says courts have to help individuals to file on any level. In fact, court cases all over the country and all over the federal courts state specifically they will not make a party's case for them or instruct them on how to proceed. Now that may be a problem with the system, but that is the way it is right now.
Customer: replied 1 year ago.


im talkingabout pratcical help, going to a court window and the court clerk instead of refusing to give you the fiorms, they have to give them to you,.. even offer you a place to sit down and fill the out in the building,... that is the help i am talkin g about

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for clarifying. That is correct, they even have to allow you access to the court library and that comes with free access to the case law database search services.
Customer: replied 1 year ago.


exacvtly,...... the = help---- is why they are being paid by us,...... otherwise, why pay them,.... why pay anyone in goverment that refuses to to the job they are set forth to do,...... i understand we whole thing is messed up,......... the cops plant drugs on people,.. the whole thing,..... look up camden nj cops in a goggle search of federal cases,..... come on,.... no brainer,.. we know the police are messed up, prosecutors are messed up, judges are messded it,.... no one can dispute that,..... that is a fact,........ MY POINT IS, WHEN A PERSON WELL WITHIN THEIR RIGHTS SAYS SOMETHING ABOUT IT,..... NOW EVERYONRE IN GOVERNMENT RUNS FOR GROUND, DENIES YOU YOUIR RIGHTS, AND IT SCREWS A LOT OF PEOPLE OVER,...... IN GENERAL , ISNT IS NMUCH SIMPLER FOR THE PEOPLE WE HAVE WORKING FOR US IN GOERBMENT TO DO WHAT WE ASK OF THEM?, SHEESH,.... COMEON MAN,.... AT SOMKE POINT IT SIMPLY DOESBNT MAKE ENSE TO A PERSON THAT PEOPLE IN THE GOVERNMENT THAT HAVE THESE JOBS, REFUE TO DO THEM S WE THEM THEM TO, AND ALL THIS LEGAL CRAP COMES US, FIGHTIONG PEOPLE OVER IT,...

Expert:  Law Educator, Esq. replied 1 year ago.
It is simpler when government cooperates and follows its own rules and laws, I certainly agree with you on that.
Customer: replied 1 year ago.


I SHOULKDNT HAVE TO KNOW HOW TO FILE A FREEDOM OF INJFORMATION ACT REQUYEST TO OBTAIN MONMKOUTH COUNTYS INTERNAL AFFAIRS POLICY,... IN FACT IF I CALL RIGHT NOW, EVEN AFTER HOURS,.. THEY SHOULD HAVE SOMEONE THEIR TO SAY THEY WILL MAIL IT TO ME THE NEXT BISINESS DAY,..... THIS IDEA OF CITIZENS AND GOVERNMENT BEING AT CONTENTION WITH EACH OTHER IS CRAP,. I MEAN, TO SAY,.. ALTHOUGH IT IS HAPPENING, IT ISNT WHAT SHOULD BE HAPPENING,.....

Expert:  Law Educator, Esq. replied 1 year ago.
I understand your frustration with the system. The FOIA request is filed with their public affairs office or record room with a copy to the chief. I agree it should not be happening and they should not force people to do these things at all.

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