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I have a serious issue and I need legal help dealing with…

Customer Question
I have a serious...

I have a serious issue and I need legal help dealing with the police department and what they did to me

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

This happened in riverside CA and happened Wednesday morning

Lawyer's Assistant: Has anything been filed or reported?

Yes I made sure I did get the report but at first they refused to take my report because the police told her to broke my window then try to deny but I have the txt message she sent me saying the police told her that and she also told my landlord this today because they got mad with me because I knew he told her to do it so they kept rejecting to go and look at the window and tell me it's a civil matter which I already know but I also want it documented so I can show them and they refused once again and told me there leaving and I told them if you guys leave I will keep calling until someone comes take pictures and report and

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes so I contacted the sergeant and told him the situation and he to was giving me a hard time until he finally said OK he would send someone out to do it.. So he just made them come and just took some pictures and give me a file number but long story short about what I really need help with is that I ended up having to call the police 5 times tht night because this girl was tearing up the house instead of just getting her things and leave but last time I Call the cops wer there for 25 to 30 min we got into arguments each time because of how they wer treating me.. So I started putting her stuff out so when I'm done the sargant pull up came in the gate yelling at me saying this is 5 times now this is sickening I said it don't matter if I call u 10 times do your job they wer so mad at me the went in the house hid evidence to help her then I go in with the captain the lights are off because she blew them out he came up to me in my face and said agryly, I'm going to go outside and ask her if you push her and if I find out u push her ima lock u up.. So I'm like haha dude what are you talking about this I distraction of property call he went outside came bck in I'm told me I'm under arrest because I pushed her and she got cut by the window, I'm like no I didn't he told me to put my hand behind my back and arrested me no blood on the floor never even saw a cut if she did then must of been from when she broke the window and went through I went to court yesterday I was 8n jail and they never even had a case told me not enough evidence lol omg

Submitted: 8 months ago.Category: Legal
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Answered in 11 hours by:
9/24/2017
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 124,233
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Lawyer: Law Educator, Esq., Attorney replied 7 months ago

So, here you have a claim for violation of your civil rights against the Sgt and whoever else falsely arrested you based on charges they fabricated with the crazy ex. Since she was not making any complaint about any of it until the Sgt went and told her what to say, this is considered falsely arresting you under color of law in violation of 42 USC 1983 and you would sue the officers personally for that, not the department.

Also, you can sue the ex for making a known false complaint about you leading to arrest and prosecution, which would be considered malicious prosecution. In addition, you would sue her for all of the damage she caused to your property and emotional distress from the trespassing. This is separate from your suit against the officers.

Finally, you can file a complaint with the Department's Internal Affairs Division for the conduct and behavior of the officers allowing your ex to tear up your apartment.

You will need a local civil litigation attorney for suing your ex and a local civil rights attorney for suing the officers for their misconduct.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Satisfied Customers: 124,233
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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).

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