Legal Question in Civil Rights Law in United States

i have a friend who defaulted on his bail. and last week the some guys with guns and fake badges showed up claiming they had a tip he was here! i refused to let them in and i called the police. the police came and refused to help claiming that they couldnt do nothing it was these other guys' (not cops) job and that i had to let them in. i told them no. the police said it was out of there hand to let the other guys in, the police them left to street outside my apt complex! i then told these other people they were not coming in my apt. they then threatened to brake down my door. i told them no the whole time i was on the phone with the 911. then a few min passed and they broke down my door and found nothing. after all this i asked the police why didnt they do anything they said it was out of there hand. and i then asked for proof or a warrant or something that would validate them breaking my door down they then told me my name was on the bail bond as a co signer and explained to them that no it wasnt and they then said yes it was and they'd be back. My name isnt on any bond. the only connection to this guy that there looking for is the fact that he was my friend. is this legal for them (bailbondsman or investagators or bounty hunters) to do this to me? and what are my legal options to avoid this in the future?

thank you marty m


Asked on 10/09/10, 12:46 pm

4 Answers from Attorneys
Maurice lariviere jr Law Office of Maurice LaRiviere Jr

do you have the names of the cops and the names of the parties that broke into your room. You need the detail and full facts to get a correct opinion of this issue. In any instance you need to have an attorney notify these persons that this will not be allowed to happen again and they are required to cover the costs for the damages done.

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Answered on 10/14/10, 12:57 pm
J. Whitfield Larrabee J. Whitfield Larrabee

You describe a very interesting and unusual circumstance that I have not come across in 22 years as a lawyer. It sounds to me that you have a rather serious violation of Massachusetts Civil Right Act, ch. 12 sec. 11I. This law prohibits anyone from unlawfully interfering with the civil rights of another through the use of threats, intimidation or coercion. In your case, the individuals who broke into your home likely violated your right to be free from unreasonable searches and seizures. (Of course, I would want to know much more about the facts in detail before made any sort a a definitive pronoucement). These individuals also may have violated other laws that provide for financial compensation and punitive damages. Based on a principle known as "respondeat superior", the employer of the individuals who broke into your home may liable to pay you damages. You have a potentially valuable claim and I urge you to give me a call. I have pursued a number of cases involving the civil rights act and have obtained a several settlements for my clients and a favorable jury verdict in at least one case.

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Answered on 10/14/10, 1:37 pm
Terry A. Nelson Nelson & Lawless

Bounty hunters can do just about anything they need to take a bail jumper into custody, including getting police protection while doing so, and including using guns and breaking down doors. However, you have a claim against them and the bail company for your property damage and personal injury, since you and your home weren't the correct residence. You can also file a formal misconduct complaint against the police if you want to put it 'on the record' for those officers.

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Answered on 10/14/10, 3:20 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

I am sorry, but I suspect you sent this question to the 50 states because you want to know the law in each of the states for school or whatever, and this is not really a case about a "friend." However, that said, sue the bastards that kicked in the door AND the police department that refused to help!

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Answered on 10/14/10, 3:46 pm


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