Legal Question in Criminal Law in Texas
Arresting Procedures
The defendant went to the bailiff to ask about a court date and after the bailiff searched the records and found out that there was a warrant out for probation violation, the bailiff commenced to arrest the defendant. During the arrest at a county court by the bailiff, the bailiff used excessive force by twisting the female defendants arm as well as tearing her shirt completely off exposing the defendant's top portion of her body. The female defendant and the male bailiff were the only persons in the room. The defendant ran from the room and went to another room where other people were present, until another officer came to arrest her. Can a complaint be filed against the bailiff for arresting procedures?
1 Answer from Attorneys
Re: Arresting Procedures
The defendant in this question should file an official complaint against the arresting deputy with the internal affairs division of the sheriff's department, as well as lodging a complaint with the U.S. Department of Justice alleging abuse of office and use of excessive force. 42 USC section 1983.
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