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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34982
Experience:  16 yrs. of experience including family law.
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My daughter was wrongfully arrested when trying to take her

Customer Question

my daughter was wrongfully arrested when trying to take her daughter well within her legal parental parameters and there isn't a custody in place due to a protection order that expired seven days after issued when she took the blame for her soon to be ex husband, when she put her in the car to leave the father jumped through the back window and was aggressively trying to take my granddaughter out of the car and was aggressive to my daughter, i called the police showed them the protective order and they still arrested her and made me take my granddaughter and hand her over to the father, He has been blocked all of our numbers and we hadn't been able to see her because he flew her out of state. the charges were dropped and my daughter released and now he has her again and we won;'t be able to see her again until court hearing, this is the second time he has gotten away with AVA around the protection order that had expired and the police didn't do their job. My daughter has raised my grandchild and she sent him out to see her dad in Colorado due to him being in the army and he refused to send her back and when he went into training he snuck her back into the state of oregon and my daughter tried to get her daughter at the airport and was stopped again from having her because of a protection order that does not exist, When
Submitted: 2 years ago.
Category: Family Law
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am sorry for this dilemma...but I do not understand your you have a question relating to this?
Customer: replied 2 years ago.
This is bullshit and I would like my money back I'm going to dispute the charges first thing tomorrow morning
Expert:  P. Simmons replied 2 years ago.
Sorry...not sure why you are using this language or being abusive. I reviewed your submitted information and there was no question contained. I was simply trying to narrow down your specific question.
Customer: replied 2 years ago.
Does my daughter have a case a lawsuit against the police
Expert:  P. Simmons replied 2 years ago.
Perhaps. Can you tell me, was she injured in the exchange?
Customer: replied 2 years ago.
I believe It was mentally and emotionally traumatizing for both Ava and my daughter due to him being the abuser and having strangled her and beat her and blackouts and then having to have her daughter taken away and given to her abuser and feeling powerless again and the police not protecting are doing their job and reading through the whole protection order
Expert:  P. Simmons replied 2 years ago.
Thank you I have some thoughts...a few minutes please and I will type them up
Expert:  P. Simmons replied 2 years ago.
The law that would allow a lawsuit against the police is found at title 42 U.S. Code section 1983. This law provides, in part
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress,
Basically, to sue and win for false arrest, one must prove the police knew the person arrested was innocent but conducted the arrest regardless.
I asked about injuries because many false arrest cases involve injuries, which help increase the judgement award (the more severe the injury, typically the larger the judgment ). And I cases with a large potential judgment it can be easier to obtain an attorney willing to take the case on contingency (so they get paid a percentage of the judgment and do not require a payment up front)
What you are describing? If the cops knew she was innocent but arrested her regardless, that would violate title 42 U.S. Code section 1983.
So she may well have a case to sue for false arrest. The next step would be to find a local attorney to prepare and present this to the court.
Please let me know if you have more questions. Happy to help if I can.