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My divorce attorney told me i might have a case against the…

Customer Question
My divorce attorney told...

My divorce attorney told me i might have a case against the dallas police department and the city

Lawyer's Assistant: What steps have you taken? Have you filed any papers in TX family court?

No this is more of my civil rights being violated by the police department

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No didn't know were to turn to as the v.a legal advise they said contact a attorney that deals in sueing the goverment.

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

If i i might have a case or not. the incident took place at my home on the 10 of june last year.

Submitted: 6 months ago.Category: Legal
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Answered in 1 minute by:
11/7/2017
Lawyer: legalgems, Lawyer replied 6 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,001
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 6 months ago

Hello; what is your question please?

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Customer reply replied 6 months ago
if the police told me there was no charges pressed against me and I was not under arrest could they remove me from my home after answering their questions in specific if I had any mental disorders after answering them that I have a diagnosis of ptsd I was placed in handcuffs and taken to an emergency mental hospital.
Lawyer: legalgems, Lawyer replied 6 months ago

In order to take a person into emergency custody the police must have a reasonable belief that the person is suffering from a mental health issue and poses a serious threat to oneself/others.

Otherwise the police are not allowed to detain a person as that would give rise to false arrest. Here is that statute:

Sec. 573.001. APPREHENSION BY PEACE OFFICER WITHOUT WARRANT. (a) A peace officer, without a warrant, may take a person into custody if the officer:

(1) has reason to believe and does believe that:

(A) the person is a person with mental illness; and

(B) because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and

(2) believes that there is not sufficient time to obtain a warrant before taking the person into custody.

(b) A substantial risk of serious harm to the person or others under Subsection (a)(1)(B) may be demonstrated by:

(1) the person's behavior; or

(2) evidence of severe emotional distress and deterioration in the person's mental condition to the extent that the person cannot remain at liberty.

(c) The peace officer may form the belief that the person meets the criteria for apprehension:

(1) from a representation of a credible person; or

(2) on the basis of the conduct of the apprehended person or the circumstances under which the apprehended person is found.

(d) A peace officer who takes a person into custody under Subsection (a) shall immediately transport the apprehended person to:

(1) the nearest appropriate inpatient mental health facility; or

(2) a mental health facility deemed suitable by the local mental health authority, if an appropriate inpatient mental health facility is not available.

(e) A jail or similar detention facility may not be deemed suitable except in an extreme emergency.

(f) A person detained in a jail or a nonmedical facility shall be kept separate from any person who is charged with or convicted of a crime.

(g) A peace officer who takes a person into custody under Subsection (a) shall immediately inform the person orally in simple, nontechnical terms:

(1) of the reason for the detention; and

(2) that a staff member of the facility will inform the person of the person's rights within 24 hours after the time the person is admitted to a facility, as provided by Section 573.025(b).

(h) A peace officer who takes a person into custody under Subsection (a) may immediately seize any firearm found in possession of the person. After seizing a firearm under this subsection, the peace officer shall comply with the requirements of Article 18.191, Code of Criminal Procedure.

The elements for false arrest are as follows:

willful detention;

without the individual's consent; and

without authority of law.

Wal-Mart Stores, Inc. v. Rodriguez, 92 S.W.3d 502, 506 (Tex. 2002)

https://www.texascit.org/docs/LE-Guide-QA-Oct-2015.pdf

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Lawyer: legalgems, Lawyer replied 6 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
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Customer reply replied 6 months ago
thank you for that informstion. and according to those statues they without cause removed me from my home.
Lawyer: legalgems, Lawyer replied 6 months ago

You are welcome; I am glad to get you that information.

If the statute was violated it is important to hire a civil rights attorney particularly one that specializes in police misconduct so they can proceed with the case.

Please see:

https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_

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