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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34728
Experience:  16 yrs. of trial experience
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I was searched and question by my city police dept, and individuel

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I was searched and question by my city police dept, and individuel was at my house trying to repo my car it's paid off I'm doing the tiltle now. I told the repo guy to leave my property he bucked up at me, I stated to him, be there when I get back I stepped into my house got my camera came back to the door the repo guy was gone I walked to end of my driveway and saw his truck headed down the street, the repo guy told the police that I pulled a gun on him which is a lie. the police stated to me that he could arrest me just from what this guy told him and that I should look at or listen to what the repo guy had to say. It was like if I did not comply by listen to the repo guy I was going to be sited or arrested, I feel that I was forced into listening to that repo guy. and lets not forget when the police called me outside the officer had an AR 15 aimed at my chest
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I understand the background information and that you are upset...but not sure I understand your legal question?

Customer: replied 5 years ago.
I feel that Was forced by the officer to listen to that repo guy or go to jail and that the officer belive the lie of the repo guy. do I have grounds to take both Lacey police Dept and the repo guy to cour,t the officer said that their will be a case # XXXXX
THe police department is tough...that is, it is tough to sue the police department based on what you describe.

The best cause of action would be under 42 USC 1983, the civil rights act. This is federal law that can be used to sue a government body (like a police department) for violations of civil rights.

Here is the law

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, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

But it is tough since to prove violation of your civil rights you need to prove that the police improperly arrested or detained you. If they did? And you can prove it? THen you can sue for a violation of your civil rights.

You would need a lawyer to file this.

As for the repo guy? That may be easier. If they lied about you, you can sue them for defamation. If you can prove that they lied about you and that lie harmed you, then you can sue for the damages you suffered

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