Legal Question in Civil Rights Law in Massachusetts

My son was asleep in his apt at 1:30am. Police knock on door. Son says hold on, they said they did not have to and proceeded to break down the door, throw him on the floor and cuff him. After looking through his wallet, found that they had the wrong person and left. Left the door off the hinges. Son has severe chronic asthma (had to do his machine after they left) and depression (seeing a therapist) Any recourse?


Asked on 8/04/09, 12:26 pm

1 Answer from Attorneys
Warren Wood Law Offices of Warren Wood

Although all the facts have not been examined, and the facts always make all the difference, generally speaking the police are required to have a warrant, probable cause, or some immdiate emergency to act in this fashion. A wrongful forced entry and false arrest may incur liability on the police in many cases. You should speak with your attorney at length if you desire to pursue your possible rights under this scenario.

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Answered on 8/09/09, 2:47 pm


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