Legal Question in Personal Injury in Iowa

Re: Police Brutality/removing a child without legal paperwork

First of all I hope your son is alright and doesn�t hold this against all law enforcement. One bad apple can spoil an entire department. Based on what you have reported I do believe your son has a case for false arrest, excessive force and assault and battery. (In Constitutional language it�s called excessive force a part of the prohibition against cruel and unusual punishment. The popular name is police brutality.) The tough part will be finding a lawyer willing to take the case due to the amount of damages not being very great or sufficient to make the case economically feasible.

You should understand that the County Attorney is nothing more than a politician who is protecting the County from civil liability. If you really want justice then work for his ouster during the next election. The deputy is already fired so some justice has been done.

I�ve tried a case just like this one. It was in Burlington, Iowa and the officer and City were found liable to my client. My client�s injuries were much more extensive, although he had no broken bones, ruptured disc or brain injury. He was awarded $33,500.00 in compensatory damages and the city and officer were slapped with a $100,000.00 punitive damage award.

In another case my client was beaten by the Des Moines Police Department and that case was settled for $100,000.00. He suffered much more than a few scratches.

The point is you need quite a bit of physical damage and evidence to make these cases worth the time and money it takes to litigate them. And you need good solid witnesses, a fact prevalent in each of the two cases noted above.

In defense of the police I will say they have a tough job under extremely dangerous conditions. I don�t offer this to justify the deputy�s actions just to help you and your son put the bigger picture in perspective. I can tell you�re angry and it�s justified. Unfortunately that and $3.50 will get you a cup of Joe at the local Starbucks; and nothing more. This might be a case where you�re better off just forgiving and moving on. It appears to me you are both better people than this officer ever will be and that justice has been done with his being fired. I�m putting more on my law firm website for you to read. The LawGuru limits the size of our answers.