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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92530
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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i am a retired police officer. I was stressed because my wife

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i am a retired police officer. I was stressed because my wife has post pardon depression and my father and I got into an argument because I didn't know what to do about seeking help for my wife whom is also a police officer and suffering from the depression. The argument was just a loud verbal dispute between my father and I. My mother called 911 She told them I was retired law enforcement and I have guns and Im depressed, which was untrue about me being depressed. I did not know my mother said that to 911 dispacher that she thought I was depressed and had guns. When the police arrived I came outside to speak to them. I stated i was retired law enforcement from NYPD and That it was a verbal argument between my father and I about seeking help for my wife. I was stressed and concerned for her safety as well as our children. They didn't care that I was stressed because of my wife's condition and allowed my father and I to argue in their presence. My father then pushed me because I said f**k you dad. The police then without cause tazered 2 times while on ground. I was then transported to mental hospital and I was held against my will for 11 days.. I suffer high blood pressure now as a result of the tazering and was also given a miss diagnosis of bi polar at the hospital. I refused to take their meds, and after a week just decided to take whatever they gave me to get out of the hospital.I have since seen a psyhotrist whom stated I was not bi polar and missed diagnosed. I filed a notice of claim against the police department. They are a small town department and when I filed a formal complaint against the officers for their use of force against me, it fell on def ears.. Do i stand a chance at winning a lawsuit.. I really don't care about the money. I lost my 2nd career of executive protection because of what they did by tazering me and sending me to mental hospital. They never asked me for my compliance that night. I suffer emotional and physical distress from the whole incident.. Its is like defermation of character because of what the did as well.
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 for educational purposes only.

The problem with law suits against law enforcement agencies is the statutory qualified immunity from being sued for the acts taken in lawful pursuit of their duties. In order to overcome that statutory qualified immunity, you have to prove that them using the tasers not only once, but twice, was "gross negligence," which the courts take to mean as them violating some law or policy. This makes it very difficult and gives you a very high burden of proof to meet to prove your case.

Your evidence along with the police reports and the video recordings from the taser units (if they were equipped with the latest taser with video) would all have to be examined by your local attorney to tell you if you could win the suit or your chances.



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This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92530
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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