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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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At the beginning of this week I told my daughter (18) I was

Customer Question

At the beginning of this week I told my daughter (18) I was taking her car away because she was being disrespectful and not letting me know where she was. I sent her a text telling her I was "DONE". She called the police on me and had told them that I was threatening to kill myself. Within 30 minutes 2 police officers arrived at my home. I told them I was fine just arguing with my teenager. My daughter provided the police with only 1/2 of the texts that I had sent her which certainly did not tell the whole story. The police enterered my home even though I told them no. My daughter also told them there was a gun in the house, which is true. The gun was located in my husbands nightstand where it always is. When the police asked where the gun was I told them and they took it from the night stand. I waited in the dining room and was told I had 2 minutes to get dressed or go to the police station in my bathrobe. I was put in handcuffs and taken to the police station where a case worker typed a Temporary Custody Order and had it signed by a magistrate and I was taken to the hospital in handcuffs. The case worker lied on the documentation she submitted to the Magistrate and said the gun loaded on my bed. While in the hospital chained to the bed and being babysat by a different police officer. I begged him to call his Captain and get the number of the arresting officer, which he did. He called the officer and confirmed that I NEVER had a gun in my possession it was in the nightstand and that the case worker had lied on her documentation to the magistrate. I had to spend 4 days in a psychiactric hospital against my will. I want to sue the Police Department for not doing their due diligence and taking the word of a minuplutative 18 year old and for documenting absolute lies to the magistrate (who if she had read the police report would have seen that I never had a gun in my possession. I have never been in trouble a day in my life. I don't even have a speeding ticket. I do not drink. I do not do drugs and this has been the most humiliating experience I have ever had and I am still in shock that this has happened.
Please tell me how I go about suing the police department and taking action against someone within the judicial system submitting documentation to a magistrate that doesn't event match a police report.
Thanks so very much. I reside in Prince William County Virginia.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what do I do", "what are my rights", or "what are my options", we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Obviously, telling someone how to file a lawsuit either had to be too general to be of much help or else it is so complicated that it's impossible to answer in a forum like this. However, if you will ask the specific questions then I can answer them and get you the information that you really need.

Customer: replied 1 year ago.
What type of lawyer do I need to sue the police? Civil lawyer?After reading what I wrote do I have a case against the Prince William county police department?What are the ramifications of an employee of the police department lying on a document given to a magistrate that had me taken into custody?
Expert:  Dwayne B. replied 1 year ago.

What type of lawyer do I need to sue the police? Civil lawyer?

You can find a lawyer to assist you by going to and in the section for Area of Practice enter Civil Litigation or Civil Rights. Either of those will have the skill set you need. You may want to look through both lists that come up when you enter those two areas of practice and see if any of the lawyers work in both areas.

After reading what I wrote do I have a case against the Prince William county police department?

You wouldn't likely have a case for anything up until the time the officer lied to the magistrate and/or the hospital. The law allows the police a lot of flexibility and leeway when they have been notified of a potential suicide risk. However, that leeway doesn't extend to lying to a judge or doctor and/or potential perjury (if the lies were "sworn").

What are the ramifications of an employee of the police department lying on a document given to a magistrate that had me taken into custody?

As I mentioned above it could be perjury if it was "sworn". That means either that it was on a document that was notarized or verified or the testimony was given in person after being sworn in.

The other ramification is that lying to deprive someone of their liberty is a violation of their civil right to due process as well as others (potentially).

To know the possible full extent of what will happen will require a review of all of the documents and witness testimony which, obviously, we can't do on here. However, I can tell you that it appears the officer's lies are a violation of both the state and federal civil rights guarantees and potentially a conspiracy to commit false imprisonment. There are likely others as well.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.