Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

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: 9 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
11/7/2017
Lawyer: legalgems, Lawyer replied 9 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,906
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!

Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 9 months ago

Hello; what is your question please?

Ask Your Own Legal Question
Customer reply replied 9 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 9 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

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care

Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 9 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:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Legal Question
Customer reply replied 9 months ago
thank you for that informstion. and according to those statues they without cause removed me from my home.
Lawyer: legalgems, Lawyer replied 9 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_

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,906
13,906 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems 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:

Ely

Ely

Counselor at Law

24,658 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,843 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

44,266 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 Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Is a lawsuit considered to be legally filed if i used a
is a lawsuit considered to be legally filed if i used a wrong defendant's name such as dallas police department in place of city of dallas? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,337 satisfied customers
June 4, 2015, City of Coppell, Code officials were granted a
June 4, 2015, City of Coppell, Code officials were granted a Search Warrant to only document violations, but they threw out all of my possesions in the house then charged my for illegally doing that o… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
I have an auto fraud case involving CARMAX, R&R Auto who
I have an auto fraud case involving CARMAX, R&R Auto who sold my 2004 vehicle to a private individual without changing the title; a smog technician who conducted a test without proper evidence of owne… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I had the police show up at my door - near midnight - supposedly
I had the police show up at my door - near midnight - supposedly due to a domestic abuse call. First, there was no incident of domestic abuse, only a small dinner party with NO arguments. Second, when… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,461 satisfied customers
My cousin was married for 3 months and then his new wife decided
My cousin was married for 3 months and then his new wife decided she didn't want the marriage any longer, so she threw him out. He tried to talk to her on several occasions, but to no avail. She then … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,898 satisfied customers
In 2007, I was arrested by Maple Heights Police for trespassing
In 2007, I was arrested by Maple Heights Police for trespassing at a Radio Shack after trying to return an unopened item that was purchased at another Radio Shack. I spent the night in jail and upon g… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
On April 23rd at 5:30 PM the local chief of police and a patrolman
On April 23rd at 5:30 PM the local chief of police and a patrolman came to my home. The chief handed me a paper that had one sentence on it - basically saying I hereby resign my position on the Hillsb… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
i am a minister. My wife has Alztimers. I have a Lady friend
i am a minister. My wife has Alztimers. I have a Lady friend that I see about once or twice a week. We go to lunch and a movie ,usually. This day we went to a hotel to just chill. The Dallas Police De… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is it possible to sue the sheriffs department of Hobbs NM for
Is it possible to sue the sheriffs department of Hobbs NM for neglect of a missing person which resulted in death of that person? he was found 2 months after the report and not by the police but by oi… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
my family lost a deed to some vacant land in alabama however
my family lost a deed to some vacant land in alabama however i am the heir to the land by will that was probated in 1950. A guy who owns a neighboring lot bought the lot by tax default. The descriptio… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,182 satisfied customers
A resturuant is AGAIN hosting a live band with large amplifiers.
A resturuant is AGAIN hosting a live band with large amplifiers. The resturaunt is six houses and across a street from me. According to the current noise code for Huachuca City, businesses cannot play… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
Ive been married for 3 years. I owned my home before marriage.
I've been married for 3 years. I owned my home before marriage. I had Cancer and was treated and went back to work in June. My husband was taking care of our finances while i was dealing with the Canc… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Just had police officer asulted my husband. He went to the
Just had police officer asulted my husband. He went to the police station to file a police report and was told to wait until tuesday to file the report. The officer had alcohol on his breath. What sho… read more
LegalPro
LegalPro
Doctoral Degree
563 satisfied customers
I was falsely imprisoned by the city here and they violated
I was falsely imprisoned by the city here and they violated the laws while I was imprisoned. The evidence and everything was tainted and at the time no attorney would help me. This is the city of Dall… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
About a year ago I was tasered four times in less than a half
About a year ago I was tasered four times in less than a half hour on a welfare for check on myself.I was tasered two times by the two officers In the city of Maricopa Az with their hand tasers.Im not… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My husband was arrested 08/22/09 by the Rowlett Police Department
My husband was arrested 08/22/09 by the Rowlett Police Department because of traffic tickets he had in Dallas and in Carrollton when Officer Cantu pulled him over he made my husband get out of the car… read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
I was stopped earlier this morning by the Franklin, IN city
I was stopped earlier this morning by the Franklin, IN city police who said he received a call saying that I wasn't walking straight down the streets. I had recently left the bank, stopped at white ca… read more
NewYorkLaw101
NewYorkLaw101
Senior Associate
Juris Doctor
439 satisfied customers
THE STATEMENT WERE MADE ON A FEDERAL MILITARY BASE
THIS WAS MY FIRST QUESTION: My name isXXXXX of the Department of the Army Civilian Police Department. I asked this question in the pass and I was told that if the interviewer put it in writing, I had … read more
4ren6
4ren6
Retired
2,906 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