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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92709
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Local law enforcement abused authority, slander, making of

Customer Question

Local law enforcement abused authority, slander, making of false reports, along with conspiricy to cover tracks because of my past convictions 20 years ago can I sue the city for ngligence in trying to cover the traxks of the officers involved after making complaints to everyone from the field training officer to the city counsel member governing body
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Can you please help us by telling us specifically what they are doing, since the officers most times are covered by qualified immunity for actions taken in the scope of their duty and you have to prove gross negligence in that they violated some statute in order to overcome that qualified immunity?
Customer: replied 1 year ago.


Sorry just getting off of work. Sure, we were celebrating Juneteenth when approached by police officers telling us that our radio was to loud and that we was violating the city's ordinance. I then asked them where did they want the volume stationed I was informed at a certian level by officer. Once placed there I went to talk with the field captain who would not speak with me of the matter because he was not honoring the city's ordinance which states a "exception clause" when celebrating a certian function the previous section of the ordinance don't apply. When trying to show them all just what the city ordinance said everyone omitted the "exception clause" of the ordinance. I was then taken to court and found guilty because of the false report the officers put together trying to cover their tracks...

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. Based solely on the information you have supplied above I am not too sure you have a viable claim against the officers or the department.

The place to question ordinances is in court, not generally with officers on the street. However, again in the performance of their jobs, the officers have qualified immunity in their making arrests or issuing citations.

In order for you to overcome the qualified immunity you would have to prove unlawful discrimination based on race in their enforcement of the ordinance against you (or based on sex/religion/national origin) and then you could raise this to the level of a civil rights violation, which you could bring in court and you would have to show they intentionally enforced this ordinance against you based on race/national origin/religion and they are not enforcing it on those of other races/national origins/religions.

The Texas courts hold that a government official or officer is protected by qualified immunity when he acts within his discretionary authority in performing his duties. See: Leo v. Trevino, 285 S.W.3d 470 (Tex. App., 2006). In order to overcome the defense of qualified immunity, you must satisfy a two prong test used by the Texas Courts. First, you must claim that the defendants committed a constitutional violation under current law. Second, you must claim that the defendants' actions were objectively unreasonable in light of the law that was clearly established at the time of the actions complained of. See: Coleman v. Houston Independent School Dist., 113 F.3d 528 (5th Cir. 1997).

Thus, unless you can clearly prove that the enforcement was racially, national origin or religiously motivated, their discretionary enforcement of this ordinance is going to be protected by the Texas statutory qualified immunity granted in these cases.



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Customer: replied 1 year ago.


Morning, thanks for your input. However I wasn't thinking of going after the Police Officers nor the Department I was looking to go after the Administrations as a hold because when I presented the ordinance in black and white something they gave me 13 years ago it still states the same about the "previous ordinances don't apply" when a ceromony is being held and yet they all of leadership willfully looked the other way and allowed me to go to court and be found guilty of honoring the city's ordinance which clearly states that I couldn't be citated and yet I was and why was I if the ordinance states that I can't be citated. Just trying to understand. Thanks again

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up and for your additional information

The place to challenge the improper application of the law is in the court and if your municipal court ruled against you on this when you had your day in court, then your proper move is filing an appeal to the court of appeals and getting them to review the ordinance and how it was applied to you and if you prove you were engaged in a legal and proper ceremony then the appeals court has no choice but to vacate the charge against you.

Your argument here is something you had to bring up through the courts on appeal in your case and if the ordinance reads that way and you can prove you were engaged in a legally proper ceremony, then the appeals court has no choice but to vacate the case. However, appeal is your proper recourse, not a separate suit against the administrations as a whole because of the ordinance, it is the way it was enforced that is your argument and this has to be done on appeal.
Customer: replied 1 year ago.


I didn't have the money it took to appeal it at that time what do I do now

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry to hear that information, but I am afraid that if this was not pursued through appeal at the time your right to bring a case outside of the statute of limitations is forever lost. If you file any appeal or even try a lawsuit on this outside of the limitation to have filed your appeal, the court will dismiss it and can possibly even make you pay the government agency's court fees for having to deal with a suit filed out of time.
Customer: replied 1 year ago.

Thanks again for your time and I'm greatful for the 2 words you've shown me "qualified immunity" I'm still going to push a issue against the city however I'll be extra careful of the words I choose that way they can't come against me for anything.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

It is not just the qualified immunity, but you need to be very careful because of the statute of limitations period as well. After this long, you need to consider working to change the ordinance and amend it so that your celebrations can be excluded.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92709
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


I rated you already on the 5th

Expert:  Law Educator, Esq. replied 1 year ago.
I thank you sir and I sincerely apologize if you have received some automated email from our site. These emails are not sent by the experts and we have no control over when they are sent and cannot stop them from being sent. Please accept my apology at any annoyance it has caused you.

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