Yesterday I slipped on a wet surface of my local grocery store, everyone saw the clerk, the security guard everyone. I got up checked out, thought I was ok and left. However this morning I have neck tingling and pain on the right side of my body. ...
I encourage you to contact a personal injury attorney in your area as soon as possible. You should also immediately seek medical attention.See question
Tonight I was approached by an police while going to my car to get a lighter. As he approached he told me that I looked suspicious and begin to ask if lived here. He told me that a lot of houses have broken into which is not true. I was wonderi...
There are facts missing here. The short answer is that a police officer can always approach someone to ask a question but, depending on the circumstances, a person does not always have to participate in the conversation. If an officer has reasonable articulable suspicion to conduct what is known as a "Terry stop," he can briefly detain you and even pat you down for weapons.
If you walked out of your house to your car to get a lighter, that's one set of facts. If you were walking down a residential street at night to get to your car, that could be another. One fact you've left out is race. If you happen to be black and happen to have been walking in a "white part" of town, you might be dealing with an officer with preconceived notions of who would be burglarizing houses.
You said that fact "wasn't true," i.e. that there were burglaries in the neighborhood. The officer is using that information to justify the stop. If that fact isn't true, it siginificantly impacts his justification for stopping you.
With all that said, you have one option - contact the department and file a complaint with Internal Affairs. It isn't much of a remedy but it is often the only way to bring police misconduct to the attention of the department.See question
I requested an officer to be called to a business that the owner refused to provide the address and owner name. I spoke with the officer when he arrived and advised him I do not want to make a report. I just need the address and owner name to make...
You will need to address your criminal case first. You should hire a criminal defense attorney for that. If you agree to any sort of a plea deal, potentially including a pre-trial deversion, you may not be able to pursue a civil claim.
You should then speak to an attorney who is experienced in handling civil rights matters. The facts you describe may give rise to Federal claims of false arrest and excessive force. A person is not generally required to produce identification on command from a law enforcement officer nor is it obstruction to inform an officer that your id is in your car and try to go get it.
As with any case, the devil is in the details but there's enough here to warrant speaking with a good civil rights lawyer. I encourage you to carefully review the credentials of attorneys you may consider. You want someone who has handled cases under 42 U.S.C. Sec. 1983. That is the enabling statute for bringing civil rights claims for constitutional violations. This is not a personal injury case.See question
Writing a report and just wanted to know the answer to the question posed
A police department is not a legal entity and cannot be sued in either. Instead, you sue the City that runs the department. A City in Georgia can raiise sovereign immunity to avoid liability on claims brought under state law. There is an exception if they have purchased liability insurance that covers the claim. A City waives sovereign immunity for state law claims up tot he limits of any insurance policy. The immunity analysis is different under Federal law.
Individual officers can be sued in either State or Federal court. They may claim Official Immunity as to any state law claims and Qualified immunity as to any claims under Federal law.
This is a complicated area of law.See question
A bogus charge of forgery was concocted by an investigator in Bibb County and he came to Upson County to serve the warrant. I have a current EEOC case for reverse discrimination as a white teacher in all black school. I reported them for non compl...
This sounds like an interesting situation. You should speak to a lawyer versed in both employment law (you may have a separate retaliation claim that will require that you amend your EEOC charge) and civil rights. "Bogus" charge - why is it bogus?
The standard for a 4th Amendment Malicious Prosecution claim is arguable probable cause, i.e. would reasonable officers under the same circumstances know that there was no PC for the warrant? Typically, that standard is met if the officer lies in the warrant application by either including information that isn't true or omitting information that would obviously mean there was no basis to issue a warrant.
By reporting non-compliance of SPED students - I assume you mean that they were not complying with IDEA in how they were servicing SPED students - you may also have a claim under Georgia's Whistleblower Statute.
I strongly encourage you to seek the advice of an attorney without delay. I'm happy to answer any other questions you might have.See question
I was recently in a head on impact that totaled my Chevy Equinox. My steering wheel airbag did not inflate. I was life flighted to a trauma center in Tuscaloosa, AL. I spent several days hospitalized for a closed head injury, fractured collar b...
The following Georgia attorneys have specialized in Product Liability matters against automobile manufacturers for many years: Jim Butler - google him; Lance Cooper - google him.See question
6 months ago I was rear ended in a car accident and the police report states that the other party was at fault. I didn't go to the hospital that day, but two days later I went to emergency room with low back pain and pain shooting down my left leg...
Were you at work when the latest injury occurred? Have you filed a workers' Compensation claim? I ask because this is one of those unusual situations where the workers compensation insurance company would have an interest in proving that your prior injury was a contributing cause here.
It sounds to me like you have a complex case. I would ask your lawyer to schedule a telephone discussion with your doctor. It will cost him/her a little money, but it is better for him to have the discussion about your concerns than to have you ask - your request will appear in the medical record and that would not look good. Your lawyer wouldn't ask him either but he could have the Doctor offer an opinion as to whether your ongoing symptoms are causally related to the accident.
I was diagnosed with gestational diabetes that went unmonitored, in fact my glucose challenge test came back at 222 but they had me listed as "within normal range." However, they told me that I had diabetes and even sent me to a diabetic specialis...
You immediately contact an attorney who specializes in medical malpractice work. You should research the attorneys carefully; you want to be sure you are getting someone who has handled cases that involve serious injuries to a baby during birth.See question
Husband and I had a domestic dispute. I called police. Officer arrived I gave history and isssues re: today and so did husband. Officer explained I had to be arrested or taken to be evaluated at hospital via ambulance. Paramedics arrived said th...
You can file a complaint with the Internal Affairs department at the police department that employs the officer. They have to investigate any complaint against their officers.See question
about six months ago I was basically in a whole lot of pain under both of my arms .I was diagnosed with hidradenitis suppurativa a friend told me to go to Grady hospital down in Georgia because I didn't have medical insurance and I needed to be se...
You should speak to an attorney who specializes in medical malpractices cases in Georgia. Unfortunately, Tort Reform legislation passed by the republican-controlled General Assembly imposed a higher burden of proof against physicians in the Emergency Room. A plaintiff is now required to prove their case by "clear and convincing evidence" rather than the "preponderance of the evidence" standard applicable in virtually all civil law suits.. As a result, lawyers rarely take cases against ER doctors and hospitals unless the damages are catastrophic and the negligence is absolutely crystal clear.See question