Legal Question in Criminal Law in Iowa

Law Enforcement/failure to provide protection from assaualt

I was at my home and a group of people came to confront my husband in regards to a dispute between our children. They wanted to all fight us, came to our house carrying pop cans. The mother of the other child threw a full unopened can of pop, hitting me in the head. We had alot of company that night with many witnesses willing to sign statements, however the police officer refused to take statements or even tell us his name, he said to come fill one out the next day, which I did, as well as went to the doctor due to the assault. However, nothing was done about it almost two weeks later. I feel the police failed to provide protection by not pressing charges? Is this the case? The woman and other five or six people who were trying to fight us right in our yard left and were never charged with anything, when they all came carrying full cans of pop to assault us in the first place. Do I have a case against the city police dept. and the woman whom assaulted me? I am permanetly disabled and not really sure who to contact regarding this matter, but definately feel I was denied protection from the police as they just let the people go and did nothing with my statement.


Asked on 6/22/05, 10:58 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Law Enforcement/failure to provide protection from assaualt

It sounds to me like the assault happened before the police arrived-and that means they could not have protected you. In affrays like you describe it is nearly impossible to assemble proof that would stand up in court....signed statements from the participants are often retracted and/or disavowed when the people have had a chance to cool off and think about it. You do not have a case against the police, and you may have a civil suit against the person who threw the can at you if you care to hire an attorney and subscribe the cost of litigation.

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Answered on 6/23/05, 4:53 am


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