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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I am a female and a mother of two children. I recently was

Customer Question

I am a female and a mother of two young children. I recently was in a situation where police tried to arrest me/ or cuff me and put me in the crusier I resisted because my children were present and I felt I could not leave my children. at which point they threw me to the ground and viciously beat me. Two male officers, in front of my children. at one point an officer had a knee in the back of neck and slipped and caused my eye and right side of my face to be badly hurt. I now have been diagnosed with nerve damage causing the right side of my face to be paralyzed. this pain cause me to bite the officers knee as a result of the pain (i was cuffed on the ground). I am now facing felony charges for assault on an officer although I have several injuries. would I have a case?
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of experience handling matters of this nature. It is a pleasure to assist you today.

Many people do not realize this, but you have the right to resist an unlawful arrest. Under the circumstances, you were merely fighting to preserve your own health. As such, you most assuredly have a civil cause of action of assault, battery, negligence, negligent infliction of emotional distress and other causes of action...including abuse under the color of law.

Before you file suit (you have one year to file from the date of the incident), you need to file a complaint against the officer with the police station for brutality. You will fill out some paperwork and it will go through their internal channels. You may also want to file a criminal assault charge against the officers in the court in which you are being prosecuted as well.

You also need to be exploring filing the civil suit. You definitely have a viable case for damages in view of the assault you received.

Let me know if you have any other questions or concerns. Please also rate my answer positively (THREE OR MORE STARS) on the ratings bar on your end so I can receive credit for my response from the site.

Thank you and best wishes!

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any other questions?

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you have any other questions or concerns. I want you to be as comfortable as possible as you move forward here. Thanks!