Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

A Rochester Police constable wrote a report for me based on

Customer Question
A Rochester Police constable wrote...
A Rochester Police constable wrote a nasty report for me based on his prejudice and implicit biases.
I was burglarized and tortured in my house by two strangers. I suffered from a diabetic shock during this burglary. I was not aware of anything when I was found on the floor of my house, and then, taken to Highland Hospital for treatment. I called the RO several times to come and complete the police report when I was at the hospital. This officer ignored all my calls. When I came out of the hospital I identified the missing items frm my house.
I would like to sue this constable, his supervisor and the Rochester Police Department.
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
10/7/2016
Lawyer: Zoey, JD, Attorney replied 1 year ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 28,078
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Ask Your Own Legal Question
Lawyer: Zoey, JD, Attorney replied 1 year ago

How long ago did you report the burglary? When did the constable arrive to make out the report? Are the police investigating the burglary? What does your girlfriend have to do with this matter? What is it for which you wish to hold the police accountable?

Ask Your Own Legal Question
Customer reply replied 1 year ago
RO started a report on 8/31/16 but did not complete it because I did not make a statement due to my diabetic shock.The report number was nbing my house as a ot valid. Another RO wrote a nasty report on 08/24/16. The police is not investigating the burglary. My girlfriend has nothing to do with the burglary but the police is making a grave mistake from three years ago. I want to hold the police responsible for writing lies in the report that J changed my story multiple times. I never changed my story. Is there any way that I can send the police report to your email so that you can grasp the nastiness of this report?
.
Lawyer: Zoey, JD, Attorney replied 1 year ago

You can upload the file to this thread in a word file.

You cannot make the police investigate an incident that they do not feel should be investigated. You would think that the police have an absolute duty to investigate, but they do not.

You cannot make them amend a police report if there are errors in the report. You may be able to write a report of your own and ask that it be attached to their report in their files, but they don't have to do that either.

There are things you can do, however.

If the police are not giving you satisfaction in your attempt to get a burglary prosecuted, you can go over their heads, directly to the DA's Office and report the burglary to an assistant district attorney. The police are essentially the enforcement arm of the DA's Office. The DA can require them to investigate your matter if your information gives them probable cause to believe that a crime has probably been committed.

As for the police, you can file a formal complaint against the officer who prepared your report with his superior officer, the chief of police, police Internal Affairs, and the state attorney general's office. Following that course could trigger an investigation of the officer's practices while on the job and could get him sanctioned, even terminated from the force.

I'm not sure I see a suit against the police, however. Police are immune from suit or prosecution unless there is a law that specifically says the police can be sued if they violate that law, such as is the case with civil rights suits. Insulting your girlfriend and preparing an inaccurate report doesn't rise to the level of something you can sue the police for.

That said, in NYS if you want to sue a government agency, you must file a notice of claim within 90 days of the incident, putting the county on notice that you intend to sue. A failure to do this can mean that a suit can be pitched out of court.

I am seeing only the tip of the iceberg here. Taking your evidence to a private civil/civil rights litigator, showing him your evidence, and getting him to see if you have a viable suit is probably worth the cost of a consultation with a local lawyer. Many have free or low cost initial consultation fees anyway. He may feel differently about a suit than I do on the basis of all you show and tell him. I would urge you to do that quickly, since as I've said, you only have 90 days from the incident to file the notice of claim and for all I know you may already be out of time.

Ask Your Own Legal Question
Ask Zoey, JD Your Own Question
Zoey, JD
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 28,078
28,078 Satisfied Customers
Experience: Active member of the NYS bar since 1989

Zoey, JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I fill that my civil rights have been disregarded by the
I fill that my civil rights have been disregarded by the private archery club i was in for 20+ years … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I am looking for a civil rights lawyer. Ca. YesRE CIVIL CAS
yesRE CIVIL CAS 5:17 CV 1065 ITS CIVIL LAWE SUIT IN LOS ANGELES CENTRAL DISTRICT COURT. the law suit was filed against Delta Airlines for racially profiling me and the crew of Delta thought I was a terrorist . I was on propation for 20 months, I was aquitted in the criminal trial on 3/7/17. I am currently representing my self , my ex lawyer from south Carolina misrepresented me. I live in Palm Springs , CA I AM LOOKING FOR A LAWYER IN CA TO REPRESENT MEHTTPS://WWW.YOUTUBE.COM/WATCH?V=YA8MGIKJHF0. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Civil rights & firearm rights restoration for a concealed
Civil rights & firearm rights restoration for a concealed weapon for a Merchant Mariner military job through my union. Mass conviction in 1978/79 for drugs etc but perfect since. … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,897 satisfied customers
I recived a letter from the attorney general in the state of
I recived a letter from the attorney general in the state of ca feom a former client complaining what do I need to do ? Is this a crime investigation … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
L. North Carolina. I have asked the Attorney General to help
Good morning Pearl Wilson, my name is G**** *****l. … read more
Bill Attorney
Bill Attorney
law
1,415 satisfied customers
I need a civil rights attornry. Im in Az but i was stopped
The stare of Texas seized my vehicle and $59,050 that was given to me by my dying grandmother. I have a letter from her to prove it. I asked a couple friends for help claiming it on my behalf and they filed claims to try abd take it frim me without my knowledge … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
How could I get a civil rights lawyer.Harrassment from
How could I get a civil rights lawyer.Harrassment from federal government.I would say about 32 years.Job , home ,wherever I would go.At least a representative to go to a federal institution with a law… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Is there something from the Civil Rights Act of 1964,
Is there something from the Civil Rights Act of 1964, TitleVI which I have to post in a prominent position in my business? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
We have a civil rights ruling because of the color of our
we have a civil rights ruling because of the color of our skin … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,668 satisfied customers
I need to know if I have a case regarding civil rights
I need to know if I have a case regarding civil rights violation … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Wells Fargo has violated my civil rights and illegally
Wells Fargo has violated my civil rights and illegally encumbered my Real Estate Assets. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I want file a civil rights complaint against family court,
I want file a civil rights complaint against family court … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
The assistant attorney general of my home state got my case
The assistant attorney general of my home state got my case dismissed by committing fraud upon the court. I intend to retain an attorney to sue the attorney general office for fraud and to have the ju… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
The assistant attorney general of my home state got my case
The assistant attorney general of my home state got my case dismissed by committing fraud upon the court. I intend to retain an attorney to sue the attorney general office for fraud and to have the ju… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
A civil rights infringement case, arguing the US State
A civil rights infringement case, arguing the US State Department violated several US laws by not protecting a US citizen while his rights were abused by a foreign government on a variety of trumped u… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,897 satisfied customers
I am actually looking for a civil rights lawyer for an
i am actually looking for a civil rights lawyer for an inmate in florida. he was stabbed by another inmate while on CM and there was negligence by prison staff. all of this was caught on video which h… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I received a complaint from the Attorney General of
I received a complaint from the Attorney General of Missouri. What is the best way for me to respond and resolve the issue?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
Based off Mississipp's Attorney General's opinion can a
Based off Mississipp's Attorney General's opinion can a school district legally garnish your wages without a court order? See the opinion in the link. https://govt.westlaw.com/msag/Document/I127e18997… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x