Legal Question in Civil Rights Law in Tennessee

Protection against abusive Government power

On the 13th of Feb my house was stormed by approximately 8 to 10 Dade Co. and two Marion Co. officers who harrassed my wife abusively demanding my presence, they were Rude, Called me home from the Bussiness I was taking care of, then when they discovered that they had the Wrong house the proceded to my sons house where they were rude Boistrous and demanded to talk with my son, they imeadiatly iinformed him that he was not under arrest then handcuffed him and took him out to the squad car in his under shorts in front of his nosey neighbors and started questioning him, they had the wrong people ,the wrong houses, and emberrassed us all in front of all our neighbors, with no linking evidence or probable cause what so ever. Have my civil rights been violated and what rewcourse do we have ,you sent me a reply but my computer locked up and the information was lost. I can't seem to recover it. Thankyou


Asked on 2/20/02, 12:39 am

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Protection against abusive Government power

Potentially you have a case for violation of your civil rights. Without knowing what facts the police were going on, and what they might defend with (for example, by saying that during a hot pursuit they got the number wrong on the license, resulting in an honest mistake) it surely seems as though your rights were violated. The issue, however, in terms of litigation, will become what damages you and your son have suffered. The second issue will be whether the police agencies have official or sovereign immunity. Normally if a case is brought under Section 1983, the immunity is not a big issue, but would be if a state court action were planned.

If neither you nor your son were physically hurt in this melee, I would be less inclined to take the case because the key element of damages is missing. You might get an award for nominal damages only.

Understand, I am not suggesting that being hauled outside in your skivvies isn't a bad thing, but the question becomes, how much will a Dade County jury of 12 people think that's worth?

Keep in mind that an official complaint to the Attorney General may also be in order.

You can find an attorney specializing in civil rights law through your local bar association, or at www.atla.org.

Good luck.

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Answered on 2/20/02, 8:35 am
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Protection against abusive Government power

Yes. Go to a local civil rights lawyer immediately.

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Answered on 2/20/02, 12:59 am


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