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Is it a violation of my Civil Rights if I was arrested because the police wanted to avoid liability?

Salem, OR |

In my ex girlfriends police report she admitted she had never been threatened or have felt threatened. Never any violence. (The event that brought the police was non-confrontational and actually occurred days prior). Yet in the same breath my vindictive ex girlfriend told the police she was afraid of what I might do. I found information on the web that stated she was likely coached because in DV issues the police will arrest to avoid liability.

Let me clarify; My ex-girlfriend filed a complaint for harassment and tried to make a case for stalking. All false, misleading, or untrue. She had a clear motive. She had admitted to the police that she had lied to me and was having an affair. (credibility?) she admitted to never having been violence or feeling threatened in the relationship. Yet she told the Police she was "afraid" "felt" I was up to something, And "thought" If I couldn't have her, nobody can. These feelings were not rational. I believe the police arrested me because she made those statements and the police did not want to be held liable if she was harmed. I think she made those statements knowing that I would be arrested.

Attorney Answers 3


  1. The question is unclear, but you can read all about false arrest on my website under the civil rights tab.

    The answer does not create an attorney/client relationship and is for informational purposes only.

    Lassen Law Firm
    1515 Market St #1510
    Philadelphia, PA 19102
    http://www.InjuryLawyerPhiladelphia.com

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  2. Obviously the police should never arrest anyone where there is no probable cause and/or a criminal complaint filed by another party which warrants an arrest. However, your question is too conclusory and dev oid of facts to give a response particular to your circumstance.


  3. In a civil case the burden would be on you to prove that was their motivation. You're going to run into a problem with that theory because they are the best witnesses to testify to their intentions, and they'er likely to simply say that they arrested on probable cause for ...whatever it is that you're arrested for. So I think you have a lousy theory for a civil case... You might have a good case for criminal defense though. Work closely with your attorney.

    This post is offered as general information and is not intended as legal advice. This information does not in of itself create any attorney-client relationship.

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