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 Peter Griesch Your Own Question
Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
89571709
Type Your Military Law Question Here...
Peter Griesch is online now
A new question is answered every 9 seconds

I was arrested from my residence in Oct 2013. I know that

Customer Question

I was arrested from my residence for disorderly in Oct 2013. I know that the arresting officer falsified the events of that night to fit the state state justifying her decision to arrest and take me to jail. I have three witnesses that will argue on my behalf all stating the same story. The police department, Hawaii PD, released jurisdiction to the Air Force and my career is now ending as a result of these events. I feel no justice for what happened and I will soon be out of the military because of it. Do I have a case?
Submitted: 11 months ago.
Category: Military Law
Expert:  Peter Griesch replied 11 months ago.

When you say you'll be out soon, are you being sent to an administrative separation board, or have you already been?

Customer: replied 11 months ago.
I was in a professional development education course at the time. Due to the arrest I was released from the school and lost the associated E-5 rank that, at least for me came hand and hand with completion of this course. After my release, my chain went Non-judicial punishment (NJP) and that caused an official loss of rank, Unfavorable Information File (UIF), and referral EPR. Since then, I have not been able to get my E-5 back because these things effect very highly the points needed to promote in the Air Force. As a result, I am separating due to High Year Tenure. I have the synopsis that I was given as evidence of my wrongdoing along with the witness' statements.
Customer: replied 11 months ago.
Here is two sides of the story.
Expert:  Peter Griesch replied 11 months ago.

Unfortunately, there's no easy fix. It would actually be easier to fight if you were being boarded. You are being separated for failing to be promoted, which you really cannot fight.

What you can do is apply to the AF board of correction for military records, and request that they reverse your NJP. If they agree to reverse your NJP, you can then ask that they backdate your date of rank and promote you, or, alternatively, apply to re-attend the course or find some other course to be promoted.

As you can see there are many variables to undo being passed for promotion.

But, applying to the board of corrections is your best first step.

Customer: replied 11 months ago.
I was looking for a civil lawyer.
Expert:  Peter Griesch replied 11 months ago.

For what purpose? To sue the Air Force?

Customer: replied 11 months ago.
I wanted to look in to a suit against Hawaii Police Department actually.
Expert:  Peter Griesch replied 11 months ago.

I understand. And you want to know whether you have a case against the PD.

The answer is, yes, you can sue the PD for false arrest. It is a difficult case to prove, however. You'll need to prove that the arresting officer knew that no crime had been committed, and intentionally arrested you knowing such.

If a complaint is filed, the PD is typically covered, unless, of course, the arresting officer has falsified the report.

If that happens, then you are entitled to collect from the PD.

Customer: replied 11 months ago.
Well I do have witnesses and the report said I was too disorderly to get photographed and fingerprinted. I know this is false because I was booked almost immediately. How do I go about asking for the report? Or filing a complaint? I asked back in 2013, when I was trying to defend myself, for the full report but I was denied saying that I was not a lawyer
Expert:  Peter Griesch replied 11 months ago.

If you intend to sue the police department, you're going to need to hire an attorney. Your attorney will be able to get a copy of any paperwork they have as part of the discovery process in your civil suit.

Customer: replied 11 months ago.
Do you know of any in Hawaii? Or that you would recommend?
Expert:  Peter Griesch replied 11 months ago.

I do not know any civil attorneys in Hawaii.

But, I can recommend going to the Hawaii bar association's website. There will be resources on the site that will assist you in finding a civil attorney that handles such issues.

Keep the following in mind. First, you shouldn't have to put any money down. If the attorney believes the case has merit, he should take the case on a contingent fee. Second, ask the attorney if he has experience in suing the police department for false arrest.

Good luck.

Expert:  Peter Griesch replied 11 months ago.

If you have any further questions, I'd be happy to assist.

Please remember to rate my response. I only receive credit from Just Answer is my response is positively rated.

Thank you.

Expert:  Peter Griesch replied 11 months ago.

If you have any further questions, I'd be happy to assist.

Please remember to rate my response. I only receive credit from Just Answer is my response is positively rated.

Thank you.

Related Military Law Questions