Legal Question in Civil Rights Law in California
possible civil rights lawsuit?
wondering if I should file a civil rights law suit against a City and its police department.
The city approached me several times over the past few years wanting to buy my motel. I refused several times. The police started doing very frequent visits to the property, knocking on guests�� doors, asking front desk for the complete guests lists etc�� They eventually filed a misdemeanor case against me alleging that we violated the city��s ordinance. There was no warning or tickets issued prior to them filing the law suit. They eventually dropped the case for lacking of evidence. But I got so tied of the harrassment and ended up selling the property to the city for peace of mind -- for at least $200K less than what I should have received. I am leasing the place for a year and a month after we closed escrow, the same police filed another lawsuit -- totally groundless in my opinion. Now I do know other motels do violate this ordinance yet they have no problems with the police at all.
The contract was not entered under freewill as I was harrassed and threatened by a lawsuit. what the police is doing is selective enforcement and melicious presecution.
Thanks,
Jennifer
1 Answer from Attorneys
Re: possible civil rights lawsuit?
Instead of asking legal advice long after the fact, you should have gotten counsel at the time. Now, trying to file suit would be costly and not likely to succeed without strong evidence of intentional wrongdoing that rises to legal standard of proof required. Governments have immunity from suit for most things they do within the scope of their authority. Plus, you entered a written agreement with them that probably has a waiver of claims for any past activities, so you'd be left with current claims for conduct after the sale. You're facing substantial legal costs in such suit. If you're willing to risk that, feel free to contact me to discuss what actual facts you have for proof.
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