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Ask Hammer O'Justice Your Own Question
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4489
Experience:  Almost 12 years of legal experience, primarily in criminal law
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My son died from a tainted drug which they admitted to a

Customer Question

My son died from a tainted drug which they admitted to a newspaper article that was done about my son. They dumped the information from my sons cell phone and know who he got it from, but the DA will not do anything. They say they don't have enough evidence. The guy he bought it from had 30 some charges that suddenly got dropped when he moved to this town. We gave the detective more information but they never proceeded with an investigation. The dealer has since moved because I have been keeping up with him without him knowing it. Can I sue the department for not doing anything and letting a dealer go because he denied it. I am at my wits end and I will not stop until I get someone to help me. Thank you
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 1 year ago.
I'm sorry to hear about your son. In what state did this occur?
Customer: replied 1 year ago.
North Carolina
Customer: replied 1 year ago.
Asheville, NC
Customer: replied 1 year ago.
This wasn't my answer was it?
Expert:  Hammer O'Justice replied 1 year ago.
Thank you for the additional information.
Unfortunately, it is unlikely that you could successfully sue the police department. Officers have qualified immunity from lawsuits like this...basically, they are protected from lawsuits for discretionary choices they make in the line of duty. Prosecutors are also immune from lawsuits for the decisions they make in the scope of their duty. Unfortunately, people are often aggrieved by the charging decisions that are made, and so the government put this immunity in place to avoid having the police and prosecutors sued all the time by people who don't like their decisions. I understand that this is frustrating and feels unfair to you, but unfortunately the government put these immunities in place to block these types of lawsuits. There's just no way to force the police to charge someone, or to force the prosecutor's office to try someone. They are granted the discretion by law to make these decisions. I'm sorry that they won't see the case through, but there is no legal mechanism to force them to do it.
The only thing I can suggest is that you investigate the possibility of filing a wrongful death lawsuit against the perpetrator. The standard of proof is lower in a civil case than in a criminal case, so even if the police/prosecution don't think there is enough evidence to go forward on a criminal charge, there may be enough evidence to sue him. I don't know if you remember this, but after OJ Simpson was acquitted of murder, the families of his two victims were successful in suing him in a wrongful death case in civil court. I realize that you want to see him in jail, but if the prosecutors won't play ball, this is a way to make him suffer at least financially.
Customer: replied 1 year ago.
Ok, not what I wanted to hear, but thank you very much
Expert:  Hammer O'Justice replied 1 year ago.

I know. I'm sorry. It is unfortunate. The only thing that I could suggest is taking it to the Feds through the FBI, but they can only take the case if it has some sort of interstate element (i.e. if the dealer trafficked the tainted drugs from one state to another). Purely in-state matters are generally left to the local police. I'm sorry I couldn't give you better news.

Please leave positive feedback so I get credit for my response. Take care.