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I want to pursue a false imprisonment /false arrest claim against campus police and the local sheriff's department which court?

Washington Court House, OH |

while attending a protest at a university (which was peaceful), I was handcuffed by the campus police and placed in a county sheriff's vehicle. This was done because I was leading the protestors in chants. The deputy took me around the corner to the university administration building, where I was uncuffed and told to make a statement. Which I did (without being read my rights) I was then released without being charged. I know I have false arrest/false imprisonment. Additionally I have a violation of my constitutional right to free speech. There are also media reports indicating I was arrested and waiting to be charged which defame and humiliate me. What other charges might I have and which court , do I file my claim in?

Attorney Answers 4

Posted

I am affiliated with the Foundation for Individual Rights in Education as a network referral attorney. (I recently filed suit against another university for constitutional violations.)

You should consider contacting them (www.thefire.org). Also, I encourage you to give me a call at my office at 419-725-9300. My firm's website can be visited at www.francelawgroup.net.

Do NOT post anything more about this online--even on Avvo--, and do not speak about this with anyone unless they are your attorney.

Good luck!

No attorney-client relationship is established via AVVO.com. The material posted by Kyle J. Bristow, Esq., is for educational purposes for prospective clients only and people should not make legal decisions based on it. You are advised not to take, or refrain from taking, any action based on what Mr. Bristow has stated on this website.

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Posted

Despite what you think you "know" it’s not clear on the facts you posted if you have any grounds to raise any claim (nothing you posted is a slam-dunk for any violation or even a complaint).

Couple thoughts: The police enjoy qualified immunity in suit. The municipality likely complete immunity. You did not identify any damages and therefore nothing to recover. The actions of police would have to be so egregious so as to ‘shock the conscience’ of civilized society if you were to recover punitive damages.
Finally, the police will likely have a different version of events.
All that said--see a local civil rights attorney before you waste your time filing a complaint. BTW, if you DO have grounds to file a complaint, your window of opportunity is VERY short--likely less than 6 months after the event. Don’t delay in seeing a local attorney.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Posted

Qualified immunity protects public officials from being sued for damages unless they violated “clearly established” law of which a reasonable official in his position would have known. It aims to protect civil servants from the fear of litigation in performing discretionary functions entrusted to them by law. The right of freedom of speech is clearly established by the constitution and any reasonable law enforcement official knows that. I do not believe it applies in my case, but i will let the court decide.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

You don't want to base your case on Wikipedia---get an attorney to assist you in determing if you even have a case.

Posted

You should not attempt to file and litigate a civil claim of this type without an experienced attorney. This type of cases are very difficult and require an attorney willing to put in a significant amount of work into the factual research, legal research, and discovery process.

If this case is serious enough for you to pursue, then it is serious enough for you to search for a civil rights attorney to represent you in the long and difficult battle.

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Posted

It appears you were not actually imprisoned or arrested since you were released. Your Miranda rights only apply if in custody and being interrogated by the police. The sole remedy to a miranda violation is exclusion of your statement at trial if your charged. Your right to free speech is not absolute and therefore may not have been violated. For example when various organizations want to hold protests it is not unconstitutional to require a permit to be obtained. You should consult a civil rights attorney privately but keep in mind you have to prove damages which is very difficult and false imprisonment is very difficult to prove since most places have qualified or absolute immunity and to pierce that you have to show over reaching by the individual.

Attorney Chris Beck
Beck Law Office, L.L.C.
Beavercreek, Ohio
(937)510-6110 phone
attycbeck@gmail.com
www.becklawofficellc.com

The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner

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Posted

Qualified immunity protects public officials from being sued for damages unless they violated “clearly established” law of which a reasonable official in his position would have known. It aims to protect civil servants from the fear of litigation in performing discretionary functions entrusted to them by law. The right of freedom of speech is clearly established by the constitution and any reasonable law enforcement official knows that. I do not believe it applies in my case, but i will let the court decide.

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