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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23197
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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How hard is a lawsuit department response to a

Customer Question

How hard is a lawsuit for Police department response to a male victim made 17 stress calls 911 and non emergency walked to the police station ring the emergency button out side the station no help? Showed up in 30 seconds when i called the 17th time and stated if you cant protect me and my kids from my wife that is causing harm im good for nothing cant protect my kids she has them im useless might es well "harm my self" not a good way to get attention but i did get taken to john jorge for evaluation 72 hrs horrable learned my lesson.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 months ago.
Hello, Please clarify what your question is. Are you asking whether or not you can sue the police because you were involuntarily committed for psych evaluation?
Customer: replied 5 months ago.
Discrimination of domestic violence not giving importance as a male calling, on wife, she did not face charges or DA did not pick up charges, now a friend of her called PD td them I had my wife and kids in a room would not let them out and tossing a baby botle at wife wile she was talking to her on the phone. None of this was true and I got arrested. Allegation I'm DA PICK UP CHARGES NO Bruce blood I was tossing baby bottle at the sink wit ch was opposite side of her and 5 feet away sitting 2ft away from me. Second alegation police failed to collect video evideo evidence and audio recording doing it legal because I did have a sign before you enter my house if you wish not to be recorded please don't come in live video audio recording Spanish and English she was aware that night I got arrested she got a chance to get rid of alot of my personal evidence against her and erased alot of video footage. Well A police job not well done DV is a serious crime I can loose my job because they decided not to collect or see the evidence before arresting me.
Expert:  Zoey_ JD replied 5 months ago.
THank you for the reply. Police are not required to hear all sides of a story. All they need to make an arrest is a reasonable belief that you may have been the one to commit a crime. You asked how hard it is to sue the police. In most cases police are immune from suit or prosecution when they are acting in the course of their employment. You would need to visit a civil rights lawyer and tell him all of the facts and see if he thinks you have facts that can get over that immunity hurdle. However, you can't sue the police for a false arrest unless you have either gotten the case against you dismissed or won it at trial. Any conviction on the case by either plea or verdict by definition turns a false arrest into a true one. Therefore, if the case against you is still open, you should get a criminal lawyer and concentrate on winning your case, because your ability to mount a successful civil suit against the police depends upon it.
Customer: replied 5 months ago.
The first case dismissed working on second one. For the first can be a win cituation I also advised them what happen wife verified same info I did not toss it at her it was towards the sink
Expert:  Zoey_ JD replied 5 months ago.
If the second case is dismissed or if you win it, then you can talk to a civil lawyer about suing the police for a false arrest.
Expert:  Zoey_ JD replied 5 months ago.
Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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