Were my civil rights violated by local police and the District Attorney? If so, can I file a civil suit?

West Monroe, LA Viewed 150 times. Posted about 1 month ago in Civil Rights

I was arrested and had my 2 stores closed down for months on 08/24/2006 because the sheriff decided after 3 years i sold obscene material. My charges were dismissed on Dec 5 2007. I only went to court once. I then opened another store governed by the same DA in Sept 2008. Three days after I opened the store i was raided and had all of my dvd's taken, still have not had them returned. I was then made aware of arrest warrants issued for the case that was dismissed in 2007. There was no new investigation, just arrest warrants for the old case. Is that legal?

Answers (3)

Alan James Brinkmeier

This attorney is licensed in Illinois. Posted about 1 month ago.

Fabricating evidence against a person violates the color of law statute, taking away the person's rights of due process. You need to contact an experienced civil rights lawyer in the jurisdiction in which the alleged violations occurred. The lawyer needs to have extensive experience litigating Title 42 section 1983 lawsuits against the government or its agencies.

You might read my Legal Guide "Can An Attorney Really Help?"

http://www.avvo.com/legal-guides/ugc/can-an-attorney-really-help

You might find my Legal Guide helpful " What Do I Tell My Lawyer?"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

Online we cannot know what the other details are going on in your case because online we cannot find out those details. You need a LA lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

stayinalive

Posted 24 days ago.

Clearly it was a violation of your rights. Any type of raid always require warrant and in your case not only without a warrant but also fabricated warrant. Trespassing, theft, harassment & falsification of gov't document are not the only things violated here. I strongly suggest you consult a Civil Rights Lawyer so that necessary measures can be done to the violators.

Civil Rights Lawyer

Carlos Gonzalez

This attorney is licensed in New York. Posted 22 days ago.

I would concur that if the facts are as described there was a clear violation and a suit would be a proper course of action. I would highly recommend consulting an attorney immediately to ensure that you do not lose out on any causes of action due to a passing of the statute if limitations.