How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27393
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

On April 23rd at 5:30 PM the local chief of police and a patrolman

Customer Question

On April 23rd at 5:30 PM the local chief of police and a patrolman came to my home. The chief handed me a paper that had one sentence on it - basically saying I hereby resign my position on the Hillsboro City Council and told me I was to sign it - I refused. (I had served two years as city finance commissioner saving the city hundreds of thousands of dollars). They then demanded that I turn over my city to city hall - I did turn it over reluctantly. Then I was told that if I appeared at the city council meeting that evening, I would be escorted out. When I asked them what this was all about - they admitted it was related to an interview I had earlier in the day with two FBI agents. They interviewed me in the mayor's office, did not mention any charges, nor did they even mention my right to have an attorney present. To this day, I have no idea what they are really looking for. On May 10th, I had a second interview with one of the original agents and an agent of the Secret Service. The SS agent said that while they had no plans of arresting me he did read me my rights. I responded to all of his questions he seemed satisfied that I had not done anything for which he would be pursuing charges. The FBI agent had little to say during this interview. As it concluded, I asked her if there was anything else - she replied that she had nothing further.
My concern is that I was forced to resign from the city council, then asked to resign my role as volunteer chairman (for 8.5 years) of the Montgomery County Cancer Association, and put on administrative leave from a paid position as a part-time supply pastor for a area church parish. Last Monday evening I received a phone call from the directing pastor of the parish indicating that a decision had been reached to end my leave status as of June 10th. The botXXXXX XXXXXne is that at no point was I afforded due process, I have no proof of how this all started, I have never been told of any charges that might even be pending, and with the loss of the position on the council and the part-time supply pastor positions, I will encounter significant financial loss. It is my opinion that my civil rights have been violated by the City of Hillsboro, the Hillsboro Police Dept, and perhaps even the FBI. Do I have a case?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

I don't see how the Chief of Police was at all within his rights to ask you to resign.

JD 1992 :

However, if you resigned voluntarily it would be extremely hard to make a case against them. If you hadn't resigned and they had escorted you out of the meeting you would have had a much stronger claim.

JD 1992 :

There is no case against the FBI based on the facts as you've presented them since they were just questioning you and your facts don't indicate that at any time you asked to leave and they refused to allow you to do so.

JD 1992 :

You might still have a case against the police department for something along the lines of "official oppression" which is essentially when they misuse their power.

JD 1992 :

The real problem you have is that most attorneys will not be willing to take the case on a % basis and so you will have to pay them up front and the damages you can recover are speculative.

Customer:

Would it change the situation if the police chief was acting under the direction of either the mayor or city attorney when did what I have described?

JD 1992 :

It would extend the official oppression out to them. You would have an argument that you were "forced to resign" but the problem is your facts as you've given them here really don't support the "force".

JD 1992 :

I'm not saying it is an impossible case, just a difficult one.

Customer:

Since this is a small community (approx. 5000) and I being a 77 year old did not want to make a scene at what is always a very short and non-confrontational meeting. If it were possible to determine the origin of the actions of the police chief and who typed the one page resignation letter her present. Could the mayor, police chief, and city attorney be disposed and asked questions under oath regarding this action?

JD 1992 :

You would have to file a lawsuit but if you did then they could be deposed.

JD 1992 :

The questions you could ask the City Attorney would be limited.

Customer:

What would be a reasonable estimate of the legal fees involved in such a proceeding? Are there qualified attorneys for such a case in central Illinois?

JD 1992 :

You probably want to start out looking for an attorney who does civil rights law. We're not allowed to give specific referrals but you can go to www.lawyers.com and likely find one in your area. If they advertise as doing civil rights law it is likely they are qualified because it is such a rare case that it doesn't pay to advertise for it unless you do a reasonable amount of it.

JD 1992 :

A guess as to initial retainer would be $7500-$10k.

Customer:

Thanks, XXXXX XXXXX be back in touch at a later time.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27393
Experience: Began practicing law in 1992
Dwayne B. and 12 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions

Chat Now With A Lawyer
Dwayne B.
Dwayne B.
13297 Satisfied Customers
Began practicing law in 1992