Legal Question in Civil Rights Law in Iowa

my question is about probable cause and qualified immunity. 3 cops show up at your house. came there on a verbal statement from a confused 16 year old. handcuff you. put you in a car for twenty minutes after pointing the dash cam at your face. go back in the house and tell your girlfriend you did something wrong and she shouldn't be protecting you. take you to jail, have you sign a miranda form and give you a phone call. then twenty minutes later they uncuff you and say they have nothing to hold you on and let you go sit in your girlfriends truck where you can see the girl still writing a statement to police AFTER they already arrested you. THEN come back out and tell you fifteen minutes later you CANNOT leave until you make a statement and make you come back in the jail and make a statement in reference to something you are not sure what you are making a statement to. then tell you the girl is a trouble maker and her mother should practice tough love and throw her out on the street. then tell you from what they read they didn't see anything coming of it and since the prosecutor was out of state they would give it to the magistrate and see if he thinks he should do something with it and let you go home. next day the magistrate tells your lawyer that I SHOULD SET THE BOND HIGHER BUT SINCE I'M NOT SURE THIS IS GOING ANYWHERE I DON'T WANT TO COST MR. SO AND SO ALOT OF MONEY. then they fingerprint you and book you and make you post bond. then when the prosecutor gets back in town he tells your lawyer that I WOULD HAV ENEVER FILED THESE CHARGES IF I WAS HERE. AND SORRY FOR NOT RETURNING YOUR CALLS BECAUSE THIS JUST WASN'T SOMETHING I WANTED TO SPEND ALOT OF TIME ON, BECAUSE I COULDN'T FIND 12 PEOPLE IN THIS COUNTY TO BELIEVE THIS GIRL AND I CAN'T SEE THIS BEING ANYTHING OTHER THAN A DISMISSAL. yet he leaves the charges in place and the restraining order in place for 5 months then dismisses the charges 2 days before trial. and then the dhs places you on a child abuse registry also. now my question is do any of you see that these yo yo's can claim they had probable cause and would you think a federal judge would find that they were entitled to a qualified immunity defense if i were to take this to civil court? also the cop that served the resraining order attempted to convince me that i was NOT under arrest that night. he also said THAT OTHER OFFICER GOT TOO "GUNG HO". Now doesn't this sound like a textbook cluster @#$%?? i would love to hear anyones opinion on this matter.thank you for your time.


Asked on 5/22/11, 3:17 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Can you distill your legal question into two or three sentences?

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Answered on 5/24/11, 5:48 am


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