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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111596
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I wonder what would be the charge against public servant who

Customer Question

I wonder what would be the charge against public servant who orchestrated destruction of the local artist's backyard studio, art installations, props, landscape that was created as a compliance to satisfy local code, several months of court hearings- never got the chance to tell her side of the story, evidence was distorted beyond recognition (photos taken with digital camera), sexually explicit graphic was photo-shopped in to the already forged image, all of that vandalism took place early in the morning, long before 8:am, without a warning, notice of intention and with the smile on the despot's face, ... and discrimination as the backdrop?
Severe health problems due to stress - compromised immune system, paralysis, severe chronic pain after two emergency surgeries, implantation of the PIC-line to deliver antibiotics straight to the heart, two months of hospitalization and rehabilitation, tons of pills,impaired mobility, loss of job and art commissions, severed relationships due to depression. Did I mention agonizing pain? What's the name of this game? What would be the charge
against a monster targeting seniors and disabled women?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Please explain what the public servant allegedly did? Was it during the course of his employment and under color of law? Did you take this to trial or are you presently involved in litigation? What was the outcome or is it still ongoing?

Customer: replied 1 year ago.
Hello and thank you for your response,Here's what happened:
During the course of his employment and under color of law Code Enforcement Officer orchestrated with malice destruction of private property (artist's backyard studio, art installations, props, and landscape that was created in compliance to satisfy local code, was most valued and first to be destroyed).Here's how it happened:
Several court hearings prior the incident did not resolve the case, never got the chance to tell her side of the story in court, evidence was distorted beyond recognition (yet photos were taken with digital camera), sexually explicit graphic was photo-shopped in to one of the images. Copies of " Notice of Violation" were multiplied.Few months passed after her no-show for yet another hearing (vomiting most of the night) till the village hired professional landscaper and destroyed property one early morning, long before 8:am, expensive landscape was cut down to the ground and trashed on the truck without a warning of any kind, or notice of intention..
Severe stress related health problems followed. Compromised immune system=paralysis, emergency surgeries of the back, chronic pain since than. There was no trial, health problems were to great to keep clear mind about filing civil lawsuit due to medication for pain causing lethargy. Is there is a way to override statute of limitations or extended it for this case go to trial.Both of us would like to know what would the charges be, beside evident discrimination (similar or worse code violations within a glance)
Expert:  Zoey_ JD replied 1 year ago.

You're telling me more or less the same thing you already said.

Who are you looking to sue? When did this happen? You mention court proceedings. What sort of proceedings were they? That is, civil or criminal? Were you the defendant? Finally, as you mentioned the statute of limitations, how long ago did all of this take place?

Customer: replied 1 year ago.
This was a case of local code violation(s) .Defendant comply with requests, nonetheless case ended up in court.
(Civil ) court hearings ( several ) were handled each time by different judges during the span of over half a year.
It happened 6 years ago, and left permanent consequences beyond repair. Who would I be looking to sue in case like this, if the statute of limitations was not an issue? I would be looking to sue the village for abuse of power, abortion of justice, or just miscarriage, violation of constitutional rights, Bill of Rights, discrimination, dictatorship, fascism, sadism, trespassing, forgery, official misconduct, cruel and unusual punishment, loss of life indeed. Come to think of it - this may be THE Case What would the charges be?? I still wonder...and so does she.
Expert:  Zoey_ JD replied 1 year ago.

But the statute of limitations IS an issue. Moreover, if you sue the village or a government agency in New York State, you only have a limited time to file a notice of claim and if you miss that window of opportunity, you cannot bring suit later.

You may have once had a case. I can't tell, especially as you admit to having violated codes in the first place and the very fact that you were found guilty of them would undercut a civil suit. But you don't have one now, and no matter how many grievances you have, you cannot avoid the notice requirement and the statute of limitations.

I'm very sorry to be the bearer of good news.

Customer: replied 1 year ago.
1. Compliance was never acknowledged by the accuser
2. There was no verdict, there was no trial, just court hearings. Defendant was never awarded opportunity to speak in her defense.
or answer court's questions, there weren't any. 3. my question here was: what charges would have been filed , if there was still time for the lawsuit,
Customer: replied 1 year ago.
hypothetical question:
what charges and against whom should have been filed, if she had the head to file the notice of claim on time ?
Expert:  Zoey_ JD replied 1 year ago.

Government agencies and their employees all have immunity from suit or prosecution when they are acting in their official capacity. The immunity hurdle is very difficult to get around. You would have to establish negligence or misconduct, and as I have said, a verdict against you in the courts would have undercut your claims if the actions that you allege as improper were accepted as as proper.

However, if what you're saying is that the system was so corrupt that there was no possibility of justice for you, you could have brought a color of law abuse complaint to the FBI. The Federal government can investigate state agencies and prosecute them for civil rights violations when they have abused their authority. If the investigation confirms your allegations, the case is referred to the Department of Justice for Federal prosecution. You can read more about this here.

Customer: replied 1 year ago.
civil rights violation - big charge in my opinion, what sentence typically does it carry ?
Expert:  Zoey_ JD replied 1 year ago.

Don't know. Depends on the results of the investigation, what they find and how much of it. The DOJ may not wish to prosecute at all, in which case, you'd have to sue civilly.

Customer: replied 1 year ago.
Evidence against defendant was forged - images were distorted beyond recognition, sexual graphic photo-shopped into one of the images. Defendant was not awarded opportunity to speak in court nor was informed of outcome of court hearings, all judges were unusually superficial, no court order was released or any other notices from any party involved. Property was entered without owner's knowledge, destroyed without notice of intention or any kind of warning. Tenant's art work destroyed in the process. Does this describe scope of the crime?
What's the punishment for violating civil rights of this kind?
Expert:  Zoey_ JD replied 1 year ago.

Had you been timely in addressing this as a violation of your rights, if the authorities were way over the top in the enacting of their duties, you would have sued them in civil court for the damages that they caused you and, if you were successful, would have been compensated financially for them. This case would not be prosecuted by the state, because they brought charges against you, the evidence against you was admissible and the outcome of the case was against you.

Additionally, as I have already said, the people that you allege to have committed crimes against you have immunity from prosecution. So the only possibility that they could be charged would have been if, after a color of law abuse claim and an FBI investigation, the Department of Justice found an abuse of authority of the sort that would overcome the immunity issue and wished to prosecute.

Customer: replied 1 year ago.
Taking all the facts under consideration form the perspective of defendant + discrimination as the backdrop, and DOJ would wish to prosecute, what would be the range of sentence in "Case of Abuse of Authority Which Overcame Issue of Immunity" ?
Expert:  Zoey_ JD replied 1 year ago.

I cannot invent DOJ findings with incomplete, invent a prosecution for unknown crimes that have never been charged and then invent a guilty verdict and a sentence, and all for something that is years outside of the statute of limitations. Any answer I give you will be completely without meaning.

Customer: replied 1 year ago.
Based on what you know so far, .... can you imagine hypothetical answer to a hypothetical question ... answer completely without meaning to you but not to me ... I must forgot to say the magic words..."please and thank you ". Thanks for your time anyway, Zoeys.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR.
Unfortunately, attorneys do not always get to tell customers what they want to hear because they are constrained by the laws and the facts given. While you could have had a civil rights violation for violation of your 4th Amendment Rights for taking without meaningful due process for the government official acting under color of law to deprive you of your property, the statute of limitations acts as an absolute bar to an action. If this happened 6 years ago, I am sorry to say that the statute of limitations would prevent you from having any action against the official.
The only exception to that is if you could prove you were physically incapacitated which prevented you from filing suit within the statute of limitations and that would require extensive medical proof that you were so physically incapacitated that you could not get to court to sue within the statute of limitations. This is very difficult and you would need a local civil rights attorney to review your actual evidence to determine if they could succeed in making that argument to get around the statute of limitations.