Thursday, February 4, 2010

Police False Arrest - How to sue?

My brother called police to report a man who tried to strangle him at a gas station in front of many witnesses, including the station owner. My brother then went home (this is a very small town, we have 2 officers). An officer met my brother outside his home, began shouting at him to get away when he approached the car, and told him not to move, to put his hands up. He told the officer that he was the victim that called police, and then moved away from the car and stood in his driveway, waiting for the other officer to arrive. The #1 officer came out of the car and grabbed my brother, handcuffed him, and forced him into the back of the car. My brother did not resist, but kept asking why he was being arrested. I was there along with others. He was not read his rights or told why he was being arrested. He is being charged with resisting arrest, and with all the witnesses we expect that the charge will be dropped, but can my brother sue the dept for loss of wages and attorneys fees?Police False Arrest - How to sue?
I see you could use a little help on this one so I will give you what I can.





First-off, they can detain you if they suspect you of a crime, but they cannot hold you for longer than a set number of hours (I'm not sure if this time limit is the same in every state).





Second, it is against the law for them not to inform him that he is being arrested and not to read him his rights.





212-679-5100 This is the phone number for the NLG (National Lawyers Guild). Tell them your situation and that you really need advice and help with this matter. If at all possible have as much details as you can, on-hand, such as names %26amp; badge numbers just in case. Ask if they can put you in touch with an organization in your area that will be able to represent you for free or at a reduced rate.





By law, there are policies set in place where you can complain about your local law enforcement but I wouldn't go that route because you have to go through your local police station to get the documentation that you would need. In most cases they lie to you and threaten to arrest you if you don't go away.





If you want more information you can visit the NLG website at www.nlg.org





Good luck and Peace.





Know your rights and fight the power! \../Police False Arrest - How to sue?
damn!!!!! i would 4 evrything that happnd. make ur brother rich. sue them 4 evrything they hav

No comments:

Post a Comment