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P. Simmons
P. Simmons, Attorney
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Experience:  16 yrs. of trial experience
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Today my civil rights and First amendment rights were violated

Resolved Question:

Today my civil rights and First amendment rights were violated by Manchester Police Chief Bowling. I was arrested at 1207 and detained until my mother arrived and was continuous held handcuffed in the rear seat of the village police cruiser for approximately 38 minutes. In addition of verbally harassed and mentally abused. This Police Chief is also guilty of theft as witnessed stealing two political signs, libel and slander in stating he had video evidence of me providing money to Lowell Phelps to traffic drugs. All of these an additional charges are pending against said Chief and he continues to harass myself and members of my family.
What is the appropriate legal action to take.
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

It sounds like you are on the right track...the first step would be to complain...though if this was the police chief, the party to complain to would be the political body of the city. The police chief works for the elected officials of the city...so you can file a complaint with your council person or city elected representative.

If they do not take your complaint seriously, you may need to seek legal action.

If your civil rights have been violated, you can file suit under 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. While it is a federal law, it can be enforced in state court.

Here is the law

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 be successful in such a claim you have to prove the violation. Basically you have to prove they arrested and detained you without cause. If you can do so? Then you can seek compensation (money) from the city for the misconduct of the police official

To pursue this, you need an attorney with experience in this area. Many attorneys will take a case like this on contingency, 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.

BotXXXXX XXXXXne: if complaining to your elected officials does not help, consider having a local attorney file a civil rights complaint against the city for the misconduct of this police chief.

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26852
Experience: 16 yrs. of trial experience
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