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 Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118809
Experience:  20+ Years of Employment Law Experience
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Part of my medical treatment for ghronic pain as related to

Customer Question

Part of my medical treatment for ghronic pain as related to my permanent disability, my physician prescribed an Intrathecal Medication Pump. I have had it since 2003. One of the medications it delivers id Morphine. Intrathecal delivery, is via a surgically implanted pump and cath system, the catheter inserts into the IT Space, or spinal canal, at the lumbar level. It is a closed system; the physician is the only one to insert or withdraw medication, as well as adjust the dosage of medications. The most IMPORTANT reason to change to this system, is I was able to discontinue oral narcotics (which have their obvious side effects) to a system, where there is NO cross of the system across a blood barrier so there is NO effects/side rffects which prevent activities daily living; most specifically--driving. About 6 years ago, the local police department learned that I had this cath/delivery system. As far as they are concerned, in no uncertain terms, I have a "Morphine Pump". They act, speak of it and treat me as if I am "mainlining" morphine as I drive down the road, that I control the dosing, to the point of being able to take extra "hits" of it at will. Over the last 6 yrs, I have have greater than a dozen "encounters" with them. I have been charged with DUI >6 times, the charges have been dismissed, thrown out, gone away 4/6 times. My blood draw is clean, neg., each and every time. A few of the officers have "let me know" anytime I am driving in their city, I will be considered, treated and charged as-DUI. The DMV Medical Review Board, has cleared me each and every time they have been involved. The officers (ring leaders) don't want to know the specifics etc about the pump, as far as they are concerned, it's IV Morphine and driving, period. Again, as I said, I don't even have to be driving. I have been outside the car, sitting in the car (running or not); I have been told by Public Defenders that I should file a civil suit against the city, that this is "harrassment/discrimination" re: disability as it is the treament of choice for my disability, thus I am being discriminated against because of my disability etc. I realize that I have tried to be quick in explaining, and it may take much more discussion, however, is there enough information to determine if I would be right in going the harassment/discrimination route legally; do you have enough info to steer me in the correct direction?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months 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.
Based on this information, you are having your civil rights violated for falsely being arrested for DUI and as such you have grounds for a federal civil rights lawsuit under 42 USC 1983 and possibly a conspiracy to violate your civil rights under 1985 as well. In addition to the civil rights violation this is considered malicious prosecution for them to continue to arrest you and bring you to court over these false charges that they know are false. So I would strongly suggest you get a local civil rights attorney preferably out of Phoenix or Tuscon and you need to file suit in US District Court against them for violating your rights as soon as you can file.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.