Legal Question in Criminal Law in Massachusetts
I was pushed down the stairs while serving process...
(Note: to the attorney who dismissed my last question: this is an honest question. It is not a homework assignment!)
I served court process that was issued by Fitchburg District Court the other day.
Upon serving the reciepient, he pushed me and I fell down a flight of stairs.
I called the police after I left the hospital (yes I have hospital records to prove my injuries). I also have two witnesses who are willing to testify on my behalf. They witnessed the entire incident (one of them was a notary public who went with me to notarize an 'acceptance of service' form I use).
The police want to know if I want to press charges. Police officers are NOT attorneys which is why I'm asking this question here.
Does Title 18 U.S.C. s. 1501 apply to my case? I was serving court process issued by Fitchburg District Court.
Thanks,
Tracy
2 Answers from Attorneys
Re: I was pushed down the stairs while serving process...
The federal statute you cite does not apply to your case, but I suspect there is a comparable Massachusetts statute to protect process servers. Even if there isn't, it appears at the very least that an assault and battery took place.
: I was pushed down the stairs while serving process...
So what is the problem.
This is not a federal case.
Press the charges.