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


Asked on 3/11/08, 7:44 pm

2 Answers from Attorneys
George Davis Law Office of T. George Davis, Jr.

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.

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Answered on 3/12/08, 12:51 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: I was pushed down the stairs while serving process...

So what is the problem.

This is not a federal case.

Press the charges.

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Answered on 3/11/08, 9:37 pm


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