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Amber E.
Amber E., Attorney
Category: Legal
Satisfied Customers: 1476
Experience:  Experienced practitioner in areas of Divorce, Custody, Social Security, and Contract disputes.
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I recently fell victim to Identity theft. My name and DOB was

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I recently fell victim to Identity theft. My name and DOB was used in a traffic stop in Macon, Ga. The officer didn't issue a citation to the driver( who happens to be my cousin) Am I able to sue the city and the officer for not following the proper state statue?
Does your complaint concern the officer's exercise of discretion in failing to issue a citation in accordance with an alleged traffic violation? Also, have you filed a complaint against the officer with the station, and if so was there a response?
Customer: replied 3 years ago.

I have only filed a official police report. I wasn't aware that I could file a complaint against the officer

Thank you for that information.

Q. Am I able to sue the city and the officer for not following the proper state statue?

Yes. Success, however, is dependent upon the particulars of the case and strength of the complaint. This is because ordinarily an officer may argue that he or she was not able to determine fault at that time; alternatively, it may be argued that there is no cause of action because the officer had great discretion with regard to the issuance of traffic citations and exercised reasonable discretion given the information available at the time.

And yes, one may file a complaint against an officer. This can be done by contacting the office of the Chief of Police directly, by phone or in writing. It can even be done anonymously. However, anonymous complaints are difficult to investigate. It is important to include as much information as possible pertaining to the incident, including any witnesses' names. Once received, there is an investigation and notification of the outcome at the conclusion of the investigation.

Any discipline as a result of a complaint may include counseling, oral reprimand, remedial training, written reprimand, disciplinary probation, suspension without pay, and demotion or dismissal.

Police misconduct can also be reported to the department of justice. And I have provided the web address to the relevant page of the DOJ website below.

http://www.justice.gov/crt/about/spl/documents/polmis.php
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