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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111657
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My ex husband falsified info on a police report. He also put

Customer Question

My ex husband falsified info on a police report. He also put down his DOB as 12/20/16 and it is 12/05/16. I unannounced went to his home to talk. He told officers he thought it was an intruder as I "attempted to kick his door in." Never happened. There is no damage to the door whatsoever. I simply said "Jim this is Peggie can we talk?" He opened the door with a gun in his hand as he thought there might be an intruder. It ended up with me threatening suicide. I left his residence on foot because he wouldn't let me drive. I ended up 1/2 mile from his house in a park face down unresponsive until the police found me. Having spoken with my ex they assumed I was a psycho threatening suicide. I have been an RN for 22 years. The police were shining flashlights in my face and I was in and out of consciousness with a pounding headache. One of them said to me ""Peggie, if you don't start cooperating I'm going to shove a nebulizer up your nose. I thought I was talking but apparently not. Another officer told another to turn me over the reply was "I ain't turning her over, she'll puke everywhere!" They stayed about 2 feet away from me the entire time. I know heroin overdoses are at epidemic levels so I get that but they did not even assess me for needle punctures, syringes, or anything. When the squad finally got there and put me on the gurney. My BP was 198/98, abnormal EKG with a pulse rate of 107. Abnormal EKG=Intraventricular conduction delay. Also had a history of cardiac Open heart surgery at the age of 18 and a current murmur. I was in hypertensive crisis and they did nothing except start an IV without tubing and did not access the site. Labs revealed low potassium which goes hand in hand with Conduction delay, hypertensive crisis, confusion, and may have possibly of damaging heart muscle. Not to mention the concussion I received in February that is now combined with post concussion syndrome. Things got steadily worse at the hospital but I am just telling the main issues. I was never treated with anything but a potassium tablet upon discharge. That's how I knew there was a cardiac issue as well. I don't want to let it go. I could have died while in the ER. Where do I go from here?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Ohio
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I remember the officer that came into my room said "pink slip her!" I was cleared medically but would be transported
To OSU because I didn't have insurance. I was placed in what I think was a holding cell. There was an inmate in cell block beside us. His door was open as was mine with no security guards around. My 21 year old daughter was with me and I told her to please go home but she didn't want her to be subjected. I asked a nurse why I was Iin a holding cell and she replied "why do you think that? This is where the social worker talks to you." The Social Worker verified . The place was beyond filthy. I asked her if I had to go to OSU hospital and she told me it her was her decision not the police. She said I was stable and didn't need to be transported. She let me go home but I had to sign a "Self Preservation Contract and had someone with me 24/7 which I fully understand. The doctor told me that the "pink slip" overrides medical clearance. What a nightmare! My children now hide my car keys. It's very humiliating. It all started with my ex's police report riddled with lies.
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 3 months 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.
The police are not medically trained personnel, they are first responders and as such protected under the good Samaritan act from suits. However, if the hospital did not properly treat you then under OH law in order to have a case against the hospital you must have a medical expert review your complaint first before you file suit because the lawsuit in a medical malpractice lawsuit must be accompanied by an affidavit of merit by a properly qualified expert with respect to each defendant against whom expert testimony is needed. See: Ohio R. Civ. P. 10(D)(2).
So, your first step is you need to get medical documentation for them mistreating you.
As far as the false reports made by your husband, you could file a separate suit against him for the false claims made against you as a libel/slander suit and seek damages against him for the harm he caused you by filing his false police report leading to your involuntary commitment.
Customer: replied 3 months ago.
The police were the first responders but did absolutely nothing. I was laying face down in a park fading in and out of consciousness. They were asking me questions such as "What drugs did you take?" You better cooperate or I will shove a nebulizer up your nose, "someone needs to flip her over," "I'm not flipping her over, she'll puke everyone!" I managed to tell them I was taking Cymbalta, and had a concussion I was being treated for.One report said I was unresponsive and another one said I was uncooperative. I'm certain the "uncooperative" was changed to unresponsive once they asked my ex if I did drugs or alcohol and he told them no. The police assumed I was dangerous because my ex stated "I was going to harm him and also they assumed I had overdosed. The whole thing makes my blood boil. I have never been in a fight, did drugs, or drank! I went to my ex's house to simply talk with him and this is how I ended up. If I was violently beating and "kicking" the door in why didn't they check the door for dents, dings, or anything associated with kicking the door in. He opened the door himself and said "hold on as he unlocked the door and let me in?
The cops didn't even search me for syringes either in my arm or the perimeter I was in. They didn't even pick up my shoes that fell off as I was stumbling through the park at 10:00 PM. After I was discharged from the hospital my daughter and I went back through the park to jolt my memory and there lay the shoes. One being the reason the officers found me because he saw it out of the corner of his eye and that is where I fell, face down. This has been so incredibly painful to me and then I read all the lies both my ex and the police said about me.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
The police are exempted from lawsuit under the state statutory immunity statutes and also the good Samaritan act, so suing them because they did not do anything but wait for the ambulance is something the state law sought to exempt them from suit over. I am very sorry, but the officers are not liable to you by law for this.