Legal Question in Criminal Law in California

in July 2010 i was contacted by La mesa police to meet a couple of officers following a crazy night to make sure my son and myself were physically ok, we were. upon meeting them my sleeping 2yrold in my arms these cops start acting like im a duranged mad man with a weapon telling me to put my son down and and turn around and place my hands behind my back. first thing i said was wow what in the world is going on here why are you guys acting like this? to make along story short they took my son from me after roughing me up a bit, of course i was extremely pissed but i remained under controll, i asked where they were taking him and why they were doing this and recieved to answer which of course made me more pissed but i cant stress enough i remained under controll and level headed. the cops would not tell me where or why they were taking my son from me and to add insult to injury while my son is screem like ive never heard him screem daddy daddy noooo please daddy help me, the cops stood there and taunted me by holding him up and saying things like hahaha look at daddy what a loser you dont want to go with him look you can ride in this cool police car, Im sorry to explain so much but I kinda need you to see in a nutshell what the event was, my question is I was not arrested for anything or even ticketed for anything and these cops took my child and got cps involved, (which after 3month investigation was dropped and i recieved an apology from some supervisor asking me not to talk about the event that took place) why can they do this and get away with it? or can i press charges on them?


Asked on 1/20/11, 12:51 am

2 Answers from Attorneys

Isi Mataele 'Isi Mataele Attorney at Law

This is a civil rights issue not criminal law. You could sue them for harassment or other such types. It does not sound like there is a very strong case considering they just taunted you.

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Answered on 1/25/11, 6:37 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you hadn't waited more than six months before seeking legal help I might have been interested. You have blown one of the legal time limits for filing a lawsuit. I would keep contacting civil rights attorneys in your locality.

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Answered on 1/25/11, 11:55 am


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