Legal Question in Civil Rights Law in Kentucky
do I have a case?
I was sitting in a lounge when a state trooper came up behind me, grabbed my arm, twisted it behind my back, hand-cuffed me and forced me outside and in to patrol car.It was like a nightmare. I kept asking, what are you doing,why are you doing this? He responded one time when he was forcing me in the car by saying you're resisting arrest. I was taken to jail, shoved into a room, fell over mat in floor and hit my head on metal thing hanging on the wall.I had to spend the night in jail. While there, I was taken to the hospital emergency room twice within 8 hours because of seizures. On 2 occassions during the night, I asked for my medication and was refused both times. When I had my second seizure, an inmate was allowed out of his cell and he was allowed by the ones in charge to hold me down and force someone elses medication in my mouth making my siezing worse. There is alot more to this but can't get into it due to space. Also, went to trial and found not guilty on 3 charges.Due to embarrasment, humiliation, and fear of loosing my job as a school teacher, I resigned. I could not deal with what happened emotionally, mentally, and fear of public ridicule by parents, staff members and students.
1 Answer from Attorneys
Re: do I have a case?
You don't have a question here, and although I'm reluctant to guess, you might consider the following.
Clearly, since you went to trial on something, there was at least probable cause (well, in the sense that 'probable cause' only means you couldn't convince the court to drop the charges before trial!) ...so I think a claim for malicious prosecution is out.
The issue of your arrest-while treatment, unfortunately, boils down to whether you in fact resisted arrest in the view of the judge. If you had a warrant out for your arrest and/or were considered violent, then it would not be outrageous for a trooper to come up from behind, --especially if there was one in front of you at the same time. That's just common sense from the perspective of police safety.
I'm not saying there was, of course, but do you see how a little change in the facts can change everything??
Aside from acute embarassment which is not enough for a court action, you haven't stated anything that flags significant "damages" in my mind.
You've stated that you were in fact taken to the hospital twice, which shows a fair amount of attention to detail, since the law is full of cases in which people are allowed to die in their cells, while Nero (the jailers) fiddle (play cards, take coffee breaks, whatever).
You say that you were given medication,--if you were having seizures, it's not hard for the uninformed to imagine (and a lawyer to argue) that someone HAD to hold you down to give you the medical attention. I don't know much about seizures at all, so I can't say...but to an ordinary person, it might not seem outrageous, especially if the other inmate was the only other person around...
Further, any good attorney is going to try to get the 'pseudo-fact' before the jury that "seizure=unconscious, so how could you have know what was going on," etc, etc...
The fact that you CHOSE to resign, whether out of embarassment or some other emotion, is not compensable, since you were not fired and apparently don't have extensive psychological trauma (evidenced by a doctor's care) out of the incident and trial.
Do you see where I'm going? There are so many factors that weigh in on an issue like this, that it's impossible to know where to go with it.
So, go see a local lawyer and give her the facts, which I'm sure there are plenty more of, and get a more considered opinion tailored to your situation. Shouldn't cost you more than an hour of her time, if it's not free.
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