i want to present to you what took place,as i already know,am verifying based on such case law(s) as lawsuit like this is mostly settled hence we are going to file due to the principle of the matter as i want your consensus,involving such false report by a new jersey police officer thank you.
ave a claim but want your consensus....
.
ok the set of facts are as follow:
Officer(s)arrest my sister in law,for "assault" (key word here)a ASSAULT to her adult child now 18.
Officer,without any proof,of an actual assault i.e. facial injury,bodily harm,bloody scene.
no evidence even remotely suggesting,a staid crime such as a"Assault"had taken place.
ZERO evidence.
Police Officer(NJ) proceed nevertheless to write up his report and claims that:
Woman late thirties,assault in the 3rd degree,causing Bodily Harm, to such woman age 18?
Witness by Police who later,took pix of the child injuries,on face neck shoulder,head,and stomach.
Child sign a complaint place in the evidence locker.
Now here are the"true facts"clearing the mother:
1 No file(s)supporting such arrest warrant i.e. photos? Did not exist.Nor did a statement from the ostensible"victim"age 18, exist. The ONLY discovery in the policemen/prosecutor discovery packet once properly procure by the defendant,my sister in law,was 1 statement."sign by the police dept."
Officer clearly lied.Child says, she did not sign any complaint,but officer"and the step-mom"to child a local EMS worker(known to all police personnel naturally)wanted her to sign a fictitious complaint due to a ongoing custody battle involving my sister in law. Clearly there was again no evidence of such "assault"and we feel this is a claim on several counts due to such zero evidence of assault.
Officer,wrote very clearly,how"he seen bruises,'serious injuries on the child"yet"no photos are in the discovery packet,NOR medical evidence,for which the policemen in NJ cite,medical report also taken of the 18 years old child(then 17 yrs.old...)
Police Lied.
Falsified report to make it "appear'' my sister in law,hurt her child,clearly there was no probable cause to execute such warrant of arrest,nevertheless this indeed took place,costing her six thousand worth of legal fee(s,)and was contacted by landlord"in writing"causing her now to be evicted
All charges,however were finally dismiss,when the officer(s)fail to demonstrate,under oath how the ASSAULT took place,simply because NOBODY SHOWED!(our family arrive in court five times)missing work,wages,expensive atty.fee, with a 1,000 bail cash only. How great are her chance
at winning her suit,in YOUR opinion,Do the aforesaid,constitute a U.S.C.Section (42)1983 claim for
:
Malcious Prosecution,and other injuries associated with this false arrest dated Nov 19 2010,prosecutor "just on record dismiss case"couple months ago,and we are ready to file such suit.
Thank you...
Tamara...
Answer by Law Lover
DOCTOR SNARK:and your sir what my top tier law school adage,is non relevant.Only us who are in such a great field of being a future attorney,can comprehend,such factual supporting this suit,so we laugh at your hater mode,along with your un-astute mind,To Tamara,of course there is a fourth amendment violation here,she was arrested?handcuff?booked?mugshot taken,not free to go where she wanted,at that moment,then yes that is a unreasonable seizure,and IN violation yes,of her fourth amendment right tamara.
(Longcomment from this FUTURE attorney in 1 year so read very carefully)as the claims are there.
In furtherance:
i will say this much.the "dad"wife is a state worker?EMS personnel have close personal ties with PD. i think this is why the policeman,albeit as wrong as it was,did it as a favor to step-mom.
Based on the case here your "writing very clear as well" i can easily say no photos,no evidence of medical,no any "Assault"if police wrote that? i'd say yes your right... you got a claim here .
actually on several grounds.where are the photographs taken to support,this serious so called "assault"as if the cop is arresting some 1 based on such a serious crime to a 18 year old kid,or 17
then your going to have to present proof. Law School 1st year. i see many claims here.
"where is the statement officer based the "arrest warrant on in new jersey there?"he should be sued.
great thing she beat the charge,from cop not even showing up?Of course not,he lie.that is clear by your
as we call it in law school,"on its face"your goin' to win,at least given back legal fees,etc. that is really sad. but sue,your going to win something.either pro-se with a suit like this so clear cut,or atty. i can't wait till i can help families and falsely arrested men women sue.1 year of law school to go.
Answer by Doctor Snark
This is pretty wacky stuff. It has absolutely nothing to do with the fourth amendment and I see a 0% chance if succeeding.
Answer by Geena
So clear to me she was violated.
fourth amendment IS in not, in any way unclear.Brother sue the state of nj police dept.he won a nice $ of money they settled,similar case,read on.reach us offline if needed,tamara they settled his case.
so clear she was violated,as fourth amendment to the united states,constitution is part of the
Bill of Rights for which guards all of us,from such violation,involving unreasonable search,
and seizures,along with any "warrant"to be judicially sanction,that HAS to be fully supported
by such"probable cause"... In this case that your saying you are "presenting"i see a violation,
actually; as Law Lover cited above.
i see a multiple claim here.Good luck,go for it.you have a great claim here.No photos of a "assault"
but yet crooked bias,no good, nj policeman lie,and cost your family to spend thousands in legal fees, suffer through posting bail mug shots etc. humiliation,missing work,emotional distress?
File your lawsuit
I should know about this type of claim,since,my own brother was also,victim at one time charge falsely with what is called a "wrongful" imprisonment,illegal detention,false arrest,defamation.
We won...
.Email me for my family finalize settlement(s)details etc.
the actual final federal, court decision,1 year after we were receiving a nice amount settlement.
Officer violated her in this case above.
Officer stated in writing at that, how police has evidence, as significant as photographs,along with - .medical evidence,"assault" yet adult kid has no assault evidence on them bloody,bruising nothing.
That is a false arrest! File your suit girl.your good to go!
I should know we sued in my family a new jersey policemen,he settle 1 month prior to trial,
after a year back and forth.They knew we were going to win.
Most of the police lawsuit(s)are settled,we are still enjoying the amount my brother receive,for false arrest,1 day lock up,had to post bail,cop say they have evidence had nothing,so i personally know your able to sue.you will win. Law Lover,I couldn't agree more.... Geena Romano over at Facebook.
Give your answer to this question below!
Orignal From: Fourth Amendment,Lawsuit Against Police Question.?
Post a Comment