Legal Question in Civil Rights Law in Oregon

Police entering home with no warrant?

Last night police officers entered my home with no consent. Me and my girlfriend had an argument, made up and went to bed. The neighbors heard the yelling and called the police. We were in bed with the AC on when they came and didn't hear them knock. They then proceeded to break the lock on our door and come in anyway. We were in bed and they came in and handcuffed me only for some reason, saying the neighbors heard yelling and they had to check on it. They later un-cuffed me and no charges were filed. They were very rude, and when i asked about all the damage they had caused they said we would pay for it and left. They also hurt my shoulder while cuffing me (on purpose I suspect) and did damage to other property while entering. Can I file a civil suit against the department for the cost of my things?


Asked on 6/08/09, 1:55 pm

1 Answer from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: Police entering home with no warrant?

You may indeed have a claim, both for your "stuff" and your personal injury, and perhaps more. We handle primarily auto and vehicular injury claims, and generally do not handle these sorts of cases, but I can suggest a few people who do.

Try calling Chris Bottoms ("M. Christian Bottoms" in the Oregon State Bar's lawyer directory) in Portland. Another suggestion would be Michael Schumann, or David Parks. Tell them I sent you. Note that there may be short time limits applicable to your case (there is a 180 day Tort Claim Notice statute, for example), so don't delay.

Good luck,

Sam

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Answered on 6/08/09, 11:39 pm


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