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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38273
Experience:  I provide family and divorce law advice to my clients in my firm.
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my fiance and I had a verbal argument & I called the police.

Customer Question

my fiance' and I had a verbal argument & I called the police. We have a 2 mlonth old child. My fiance was going to stay at a friends house for the night but he slept on our couch to give us space to cool off for the night. The ;police officer called DCF and claimed I neglected our child. The police officer called DCF in hopes of then taking our son away and with my fiance' gone I would be vulnerable. DCF WAS AT OUR HOUSE 4 HOURS LATER @ 1:13am. The officer tried to take advatage of me with my son cus my fiance wasn't there. How do I sue a Police officer for making false claims to DCF & taking advantage of me and our son because my fiance' was not home?
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question

I am sorry, but how exactly did the police officer take advantage of you? Did he physically attempt to assault you, or did he simply make the DCF call? Upon appearing, did DCF take the child away or find any evidence that would make them conclude you were negligent? Did they take the child with them?
Customer: replied 3 years ago.
No but this officer lied to DCF and our son could have been taken because he lied. I am the ex- town accounts daughter and this officer has known me since I was 2 1/2. He told me I had no right having a baby when I was only 2 months pregnant in my own livingroom. He has made it clear how he feels. He only called DCF because he knew my fiance wouldn't be here to tell DCF what really happened. If he knew my fiance' was here he would have just filed a 51A report instead he took advantage of the situation and called the emergency hotline. We had a young couple with their kid staying here and the neighbors called the police and they were fight in front of our son and theirs and the husband was outside barefood punching fences when the grade school and high school was getting out and they never filed a report on them but they lived here. I fear that this may be targeted and I don't know what this cop has against me to try getting our son taken but he seems determined. I am scared. That cop lies and did this much damage and we are truthful and it does no good. How do I protect myself from the people who should be protecting me. We are considdering moving to New Bedford where non of the town official know us cus we are scared. He keeps making these accuzation that are not true and I am afraid to call the police now even if there was a dire emergency cus I trusted all of them and one of them is lying and we are the ones that paying the price. I know it sounds crazy but This officer has a personal vendeta against me and I am poweless. I feel backed against a wall with no-where to turn.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

Unfortunately what you are telling me does not sound crazy it at all. You are definitely not the first to get a possible issue with an "officer of the law" who attempt to abuse his or her position against someone else, regardless of the original reasons. Here are some of your options:

First of all, I do not see a personal cause of action against him, at least not one that would probably stick. Since he technically caused you no injury (child was not taken away), at best you can claim harassment and defamation of character. Problem is that both are literally a "he said/she said" issue meaning that unless you get witnesses who can swear that this officer was threatening you or promising to make things difficult for you, I do not see it stick. It is possible, but highly unlikely.

Second, you should consider contacting the captain of the precinct for a confidential meeting. Consider explaining the situation and requesting assistance. If that fails, then you should consider retaining a civil litigation attorney who has experience with suing police departments (reason you want to sue them if it comes down to it is because he was harassing you while conducting official business, making the whole police dept liable, and also because they have deeper pockets for a payout than he does personally). To find such an attorney go to www.avvo.com, www.martindale.com and browse their listings, or contact your county bar association. You should also consider contacting either a local internal affairs office if the police dept is big enough or the mayor's office for an investigation, as well as contacting the Mass Attorney General's office for a formal inquest into the police department.

Good luck

Edited by Dimitry Alexander Kaplun on 2/1/2011 at 9:47 AM EST
Customer: replied 3 years ago.
thank you! my fiance' and his friend aswell as myself and my unborn child witnessed the insult of my pregnancy. I am so sorry for those in a similar situtain as ours. I feel kinda selfish. We will try these options and continue to be the best parents as we can be to our son. We will do everything in our legal power to to protect our child cus right now I don't think anyone else can. Thank You for your time. Take Care!

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Expert:  Dimitry K., Esq. replied 3 years ago.
You are most welcome! Just be careful since your fiance and possibly his friend can all be deemed parties with bias and therefore no longer "disinterested" in the outcome. Otherwise, consider pursuing this as I outlined since you do not deserve such behavior from anyone.

Good luck to you!

If you found my information useful, please do not forget to press "accept" as otherwise I do not get credit for helping you. Thank you!

Edited by Dimitry Alexander Kaplun on 2/1/2011 at 10:13 AM EST

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