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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118635
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was arrested under the charges of domestic violence

Customer Question

Hello, I was arrested under the charges of domestic violence and put into custody for 27 hrs, I am now going to court for trial, I have always claimed that it was self defense. I think the reason I was arrested was racism, I am mexican and my ex-husband is white. I think of everything that went on the day of my arrest and It seems to me that a lot of things went wrong. Do I have a case to suit the police Department?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years 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.
I am afraid that you "thinking" the only reason you were arrested is because of your national origin is not sufficient to sue the police I am afraid. Legally under NM law, the law enforcement officers have statutory immunity from lawsuits arising from them performing their duties. The only exception to this is if you can prove through actual evidence that they were grossly negligent and the only reason you were arrested was based on national origin discrimination.
Unfortunately, if there was an altercation and the police reasonably believed you to be the aggressor based on the fact they present in court and a reasonable person reviewing those facts could come to the same conclusion, then you "thinking" it might be discrimination because you are Mexican would not be enough to give you a case to file in court.
Because of statutory immunity granted to law enforcement, you need actual evidence to prove that the sole reason for your arrest was your national origin since officers are mandated by law to take action and make an arrest on a domestic violence case.
Customer: replied 2 years ago.
well, there was an altercation in which my ex-husband was chocking me and in response i bit him, my son called the police and I was arrested, my bit marks were on his arm and there was evidence of that, I faint in front of the officer I was never given medical assistance. The police report never stated that I was attacked first, when I was in the police car never he put my seat belt on and never read my miranda right to me
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
If there was evidence of injury, then the police are entitled to use the proof of injury as grounds to make the arrest. This would not make the officer liable for choosing to arrest you if there were no marks on you. Fainting is something that is pretty common in these cases by both the aggressor and victim alike I am afraid, as is one party claiming self defense and the officer's job is not to determine this, it is for the court to determine and that is why the matter has been sent to court for the judge to determine whether or not it was self defense based on the evidence presented to the judge.