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I was kicked in the head by an officer while already detained,

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and I also have it...
I was kicked in the head by an officer while already detained, and I also have it on tape.Is the any way possible that I can file a 1983 in this particularr case ?
Submitted: 6 years ago.Category: Legal
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10/1/2011
Lawyer: LawHelpNow, Attorney/Lawyer replied 6 years ago
LawHelpNow
LawHelpNow, Attorney/Lawyer
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Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with civil rights litigation experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification after reviewing the following information.
  2. "Is the any way possible that I can file a 1983 in this particularr case ?" First of all, please allow me to say that I am truly sorry for what you have endured. Yes, you can absolutely file such a claim. The required elements to state a cause of action (file a complaint) are that: (1) a person; (2) acting under color of law (in his or her official capacity -- i.e. a police officer); (3) violated the civil liberties (rights); and (4) of a citizen or other person in this jurisdiction. Based on your description of the incident, this would be exactly the type of suit to file. This is not a service we are allowed to offer online, so my best recommendation would be to continue working with legal counsel. 42 U.S.C. § 1983
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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