Legal Question in Criminal Law in California
lots of ques. i need answered
My boyfriend wants to file a harrassment case against a police officer that is in fact harrassing him, how would he go about doing that and could it help him out in criminal charges if found to be true? He was arrested a few days after being released from jail and this said officer took him in under a different name for spoussal which was then soon to be found by the judge a mistake considering he isn;t married nor the person arrested under, what could he do about this situation as well. please help we have a lot of ques.
3 Answers from Attorneys
Re: lots of ques. i need answered
If you can show that the officer knowingly arrested him under an improper name you may have a case for Violation of Civil Rights under 42 USC Section 1983. You need a lawyer who concentrates on police misconduct litigation. If the lawyer you consult has never heard of a '1983' lawsuit you need to exit that lawyer's office.
Re: lots of ques. i need answered
Claims of police abuse and harassment require evidence and support. IF the officer can be shown to be acting outside the scope of his duties, etc., then it is possible to sue. Contact me to discuss facts and costs of such suit.
Re: lots of ques. i need answered
Depending on where you live there are a few options. You can file a complaint with the police agency's internal affairs unit. Some cities have citizen police review boards and you can lodge a complaint with them. If you have any intention of suing the police department you have to make a claim against the agency before six months from the date of the incident. You should talk to a lawyer who does police misconduct civil litigation about that.
Good luck.
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