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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90234
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was recently a victim of a cdv... At the time the officer

Customer Question

I was recently a victim of a cdv... At the time the officer was out at the scene I expressed I didnt want to press charges that I just wanted my fiance to leave.. My biggest concern was this getting back toy job and also made it aware to the officer.. I work in a jail that is ran by the same sheriff that was the arresting agency.. I even called the sheriff and captain of my jail and expressed my concerns of privacy..i was assured not to worry about it and that it would be kept private..fast forward to sunday evening I came to work and another sergeant informed me that an officer had printed the pictures that were taken of me by the arresting officer and were showing them to other officers like its a joke.. Which he shouldnt have had access to in the first place, so I think one of the deputies showed himThat officer even printed out another officers former mugshot from 15 yrs ago and handed them out.. I talked with the major this morning about it... He said he would be reprimanded, but I doubt it since this officer is the captains brother in law.... I feel I have been victimized all over again.. I fear I might lose my job.. If I do take action, I just want to know what are my options? Can I legally do something about this?
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.

If the officer has violated the department policy on privacy of victim information and has also accessed a non-public record for personal reason and no legitimate purpose, you can file suit against the officer as well as the department and as part of that suit, if they try to retaliate against you then this would be a separate suit against them for retaliation for exercising your rights to pursue a complaint. Open criminal investigations, which is what you are describing is not a public record, so he breached the duty of confidentiality of those records, which is grounds for your suit for invasion of privacy.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90234
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.. Im wondering though if I do persue this.. Would it be worth my time? I dont really know how all this works or how long it would take, and im afraid that they would nit pick reasons to eventually fire me unrelated to the case and that I would be "red flagged" at other agencies for future employment. But I feel violated... I just dont know what the worth of it all would be in court?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

That question is the hardest one that anyone thinking of bringing a complaint or suit has to answer and the one that the attorney cannot answer for them most times. Suits such as this can take a year up to several years and can be costly depending on how many depositions are taken and the discovery process. While you could be retaliated against, if you prove that retaliation, that is a separate legal action against the employer. The problem is many times it is very difficult to prove the retaliation, so you have to keep a detailed diary of all actions taken at work before you file suit and again after you file suit to show that the change in behavior towards you changed right around the time the suit was filed.

Many people find they do not want to go through the expense and time of pursuing such a claim and in a case where he showed your victim photo, your damages would likely be less than $50,000 (unless it was an image involving showing any private areas, in which case it could be considerably more).
Customer: replied 1 year ago.
So I dont know how much I can respond to u and I dont want to keep taking up your time, but since the last email.. I discovered the officer who did all this was told to write a report on the incident by the captain (his brother in law) . I read his report and decided to go back and watch the video footage for myself.. This was wednesday night. His report did not match up to the video.. He lied and didnt include important facts of the incident...it was way worse than I thought and I confided in another officer as he watched with me I even broke down in tears a couple of times.. So I wrote my own report based solely on the videos alone and included all the facts backed up by times amd dates..at the end of the report I asked for the video footage to be burned to a disk I feel he should have been fired for the incident alone and now he has lied as well...and the captain has asked another officer if I planned on hiring a lawyer that officer stated she did not know... Would u view this as favortism on the departments behalf becausr he has connections in the command staff? I think they are nervous since I asked for copies to be burned to a disk. Ive been waiting since wednesday to see if they will take further action on this matter...should I say something more to them.. When they already knew I was very upset?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your update.

You need to send an additional complaint in that he was untruthful to his command in his incident report and that the videos prove that he was untruthful and you need to push the complaint up the chain of command further.

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