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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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On May 28 2013 my husband who was active duty in the Navy

Customer Question

On May 28 2013 my husband who was active duty in the Navy went missing. I called our police department here in Florida and reported him 6 hours later. They wrote a missing person report at that time and follow up with it. In the investigation police said a reliable eye witness saw him get in a cab. They caught up with the cab driver and question him. The cab driver told police, my husband was in his cab and he dropped him off at a location 15 minutes away from where he picked him up. Police said they did not suspected any foul play. They told me they look for my husband with dogs within a 5 miles radius. They did not put this in the report or did they put the reliable witness name in report. They said he bought a sandwich and a drink at the gas station where the cab said he picked him up, how ever they did not get any receipt. They said in a press conference that he was see the next day after he was dropped of. After 5 months I asked them to correct what they said as it was not true. They went back with a new press release and said they made a mistake about him being seen the next day, in fact it was the same day at the apartment, but this was also not true. Two years later when looking for a missing child, my husband body was found right across the street from where he went missing. When police came to tell me that this was my husband, they said they made a mistake about him getting in the cab. They told me the found his full skeleton remains still dress in his navy uniform. I buried him and two months later police contact the press without calling me to let me know that his death was undetermined. when i contact police to ask them if this was true, they said yes and they were closing the case as they have noting further to investigate. The detective assign to the case then told me that he will be giving my husband personal items found on him to the US Navy as they were doing some investigation since my husband was active duty. I called they medical examination office to ask them for a report and that's when they told me that the police and the navy found more body parts two months after they first found him dead (one week after I buried him) and when its complete they will release it to me. When I called the detective that's when he confirm to me that this is true. When I asked him why did they not tell me since i am his next of kin, that they found more remains, he told me he could not answer that. I have live for two and a half years in emotional stress and pain...i am in great need for some advice. Most lawyers don't even want to talk to me about this case, i don't think they want to take on a law suite against the Police or the Navy. My question here is: Can I sue the police and the navy for miss handling my husband case? And if so is it too late. And can I also sue them for not contacting me for two months after the found more remains and not telling me?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Samuel II replied 11 months ago.

Hello

This is Samuel and I am sorry to hear about your husband. My thanks to your family for his dedicated service to our country.

I suggest the attorneys are not interested in taking the case, because police agencies hold an immunity from civil liability. The US Supreme Court ruled in 1989 that there is duty to protect on the part of police agencies. There are only two exceptions to this ruling.

One is when a person is in police custody and the other is when a person, such as your husband has been harmed by a 3rd party, but the police did nothing to stop the crime or they created the atmosphere in where it allowed the crime to be committed. In those court cases trying to prove the police or the state created the atmosphere, the court will evaluate if officers left the individual in a situation that was more dangerous than the one in which they found him, by creating a previously nonexisting danger or increasing the danger.

Expert:  Samuel II replied 11 months ago.

And so I suggest that is why you are unable to retain a local attorney to represent you in such a case. Unfortunately, the police did investigate the matter, and had no idea the crime had been committed and therefore, could not have contributed to the crime.

Expert:  Samuel II replied 11 months ago.

As far as not being notified of the finding of additional body parts, you may have a basis for a case since you had already buried your husband and the emotional distress this has placed on your and your family. So when you consult with local attorneys, I suggest you consider focusing on that portion of this matter as that may be your best chance to sue.

Expert:  Samuel II replied 11 months ago.

Please let me know here, if you have any other questions, need more information or clarification in this regard.

Again, I am sorry for your loss.

Thanking you in advance for a positive rating.