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Law Pro
Law Pro, Attorney
Category: Legal
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Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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can an officer be held responsable for not doing their duty?

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can an officer be held responsable for not doing their duty? and giving false information? i have Osteogenesis Imperfecta.. a person came into my yard and threatened to kill me and my family and the police stated it was his constitutional right.. this i disagree with.. there are many other issues that need to be delt with also..

Law Pro :

Do you have any witnesses to any of the events?


several, the police cared less


the officer told me to spell his name properly, when i complain about them not doing anything





Yes, a police officer can be liable for not performing their job.

You can file a complaint to their supervisor or the District Attorney's office.

They would be the proper review of the officer's conduct.

You could go to the media and give them your story - if you can prove what you say they will jump on the story which will make the police department review the situation.

Officers have a duty to protect individuals from constitutional violations by fellow officers or other persons. Therefore, an officer who witnesses a fellow officer or other person violating an individual's constitutional rights may be liable to the victim for failing to intervene.

Mere negligence, the failure to exercise due care, is not enough to create liability on the part of the police officer.

A statute known as Section 1983 is the primary civil rights law victims of police misconduct rely upon. This law was originally passed as part of the Civil Rights Act of 1871, which was intended to curb oppressive conduct by government and private individuals participating in vigilante groups, such as the Ku Klux Klan. It is now called Section 1983 because that is where the law has been published, within Title 42, of the United States Code. Section 1983 makes it unlawful for anyone acting under the authority of state law to deprive another person of his or her rights under the Constitution or federal law. The most common claims brought against police officers are false arrest (or false imprisonment), malicious prosecution, and use of excessive or unreasonable force.
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