Legal Question in Military Law in Texas

Legal Rights.

I'm in the USAF, live in base housing at Brooks City-base. I was accused of a crime. The security guards (which are not military) came to my house told me what was going on. Instead of taking me to the station the brought the cilivian person on base to my house to identify me. First of all weren't they suppose to do a line up? Secondly, they shouldn't have brought her to my house for security purposes, because anyone can get on this base.

They then frisked me and put me in hand cuffs in my front yard (neighbors watching---character issue now) and took me to security head quarters on base. They wouldn't let me use the restroom, and kept me in hand cuffs for 7 hours. They called the SAPD, they came to the scene talked to me for like ten minutes then left. Since they left me in hand cuffs behind my back on an accusation charge (no charges have been filed) my right shoulder is now messed up and i have to go to the doctor for it. Do i have a right to sue? Would i get anything out of it?


Asked on 5/08/07, 10:52 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Legal Rights.

This reads like a law school criminal procedure hypothetical. There are so many violations of your rights, it's hard to comment on them all. I think if charges do get filed, you have a very good defense.

With respect to the physical injury, your claim would be against the civilian security company. That company may or may not be entitled to some form of governmental immunity, depending on what powers they exercise. You may be able to pursue a claim in state court against them. However, you should see a civilian lawyer in San Antonio about that.

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Answered on 5/09/07, 9:31 am


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