My grandson was arrested by a us marshall and when they arrested him my grandchildren were in the car and his wife cis 8 months pregnant and has a high risk pregnancy. when they arrested him the took pistols and were trying to break the windows out to take the children and slammed his wife belly first into a car and had a social worker take the children what can i do this could have been handled alot different than what they did
Country relating to Question: United States
State (if USA): Iowa
plus they could hae let me yake the children because i was just down the street when it happened
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.I am sorry for this dilemma. This is a tough case. Tough because it is almost always difficult to pursue claims of Police Brutality. The first step would be to report this to the US Attorney's office for your state. The US Marshall's office works directly for the US Attorney and the US Attorney can take steps to discipline the officers involved. If the US Attorney will not take action, your next step would be to file suit.The law that applies here is 42 USC 1983, the Civil Rights act. This is federal law that can be used to sue a government body (like a police department) for violations of civil rights. Here is what the law says:Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. To win a case like this you would need to show that the police used excessive force on purpose. If you can show this, then you can prevail and get an award of money damages. To pursue this, you need an attorney with experience in this area. Many attorneys will take a case like this on contingency if the case is compelling (if it is a strong case), so it would not cost you up front, they would recover fees after the Verdict or settlement. But the key is to find an attorney that will fight for you...You can start the search for a new one here www.martindale.com I wish you the best of luck with this.
Law Degree, 12 Years of trial experience
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