I attended a college party and there was an altercation with a gun. The guy who had the gun got arrested and confessed. People said the guy got out my car however no one said I had any involvement with the situation and no one have any statements ...
I disagree (respectfully) with the responses you have received. The circumstances you have described may give rise to a civil rights claim for false arrest under federal law and/or state law, depending on wether you were attending a private university or a public one. The standard for swearing out an arrest warrant is probable cause. LEO had access to your criminal history, so they should have known whether you were convicted of a felony. It is a separate crime to carry a weapon on school grounds, so your ability to file a lawsuit would tern on the evidence supporting the fact that the gun was yours. Most civil rights attorneys will take a case like this (if it has merit) on a contingency fee basis. We have filed and had success in cases of false arrest against UGA police and Clark Atlanta University. Feel free to call our office for a consultation.See question
my friend was locked up and she is also on probation
As Noah Pines noted, the actual sentence will vary based on jurisdiction, specific facts of the crime, prior criminal history (especially if it involves the same victim), etc. As both offenses are classified as misdemeanors under Georgia law, the maximum sentence for each offense would be 12 months in custody (county jail, not state prison) and $1,000 fine.See question
There was a search warrant for my arrest and confiscation of all my computing equipment because of an alleged claim that I stole data from somewhere (that was already settled). However, since I had a keylogger, I noticed that on the day after the ...
Your question raises potential civil rights issues related to the scope of the warrant. Without reviewing the language of the warrant itself, it is nearly impossible to offer an informed response. As a general rule, if the search exceeded the scope of the warrant (as set forth in the Affidavit), the search may violate the 4th Amendment. If you can establish a violation of the 4th Amendment (either as described above, or in some other manner) you may have a viable claim under Federal law. While it is true that any public official may assert the defense of qualified immunity, it is not accurate to say that the defense bars all suits against public officials. I encourage you to discuss this matter with an attorney who specializes in civil rights matters.See question
I was incarcerated for 5 months and charged with armed robbery with no physical evidence and tried for it. I beat the charge but I was innocent from the start
"Beating" the charge doesn't get you anywhere. The issue is whether the officers responsible for your arrest did not have probable cause to seek an arrest warrant. In fact, the practical standard is slightly lower because, in order to overcome qualified immunity, you must establish the absence of arguable probable cause.
Our firm specializes in civil rights matters. If yu wish to discuss this matter further, please call our office.See question
The police in Cobb County violated the disabilities act against on 5 occasion and I want to find someone with the guts to sue Cobb County and the police officers in their personal and official capacity along with the county for a clear violation o...
The ADA does protect employees who have been subjected to discrimination or retaliation by their employer. However, the ADA's protections do not end there.
The ADA also requires equal access to government facilities, including police vehicles and jail facilities. But your question is far too cryptic to help me understand what your issues are. If you care to give a more detailed summary of your situation, I may be able to assist you.See question
Friday night I was pulled over by a Georgia State patrol officer when Asked him why he pulled me over he was very rude to me and told me my registration was suspended he ended up giving me a ticket, then he apparently didnt like how i signed my na...
Go to the Georgia State Patrol website. Locate the Post closest to the area where you were stopped (that is likely where he works). There will be an address and a telephone number for that POST. Call the number and confirm that he works there. Then send a written complaint in to the POST commander.
Good luck to you. This sounds like an unfortunate situation. I would observe, however, that if your registration was expired he can lawfully have your vehicle towed as it is illegal to drive a motor vehicle with a suspended registration. With that said, it is pretty unusual for an officer to do so.See question
the deputy knocked on my door and asked if a person was inside i asked why ? he then got angry and said he had a warrent.i told the person inside to come out.then he asked me for my name.i asked why?he said tell me your name or ill arrest you for ...
Unfortunately, this situation is not uncommon. Very few police officers understand the scope of the 4th Amendment when serving an arrest warrant.
I am going to assume that the person they were looking for does not normally reside at your home. If that is the case, law enforcement cannot enter the home of a third party to search for the subject of an arrest warrant unless they have secured a search warrant for the residence, receive consent from the home owner, or have exigent circumstances to enter the home. See Stegald v. U.S. (US Supreme Court decision) If the subject of the arrest warrant did reside in your home, the police can enter to serve a felony arrest warrant. Payton v. New York (U.S. Supreme Court).
Under the facts you describe, you did not commit obstruction because you told the person he was looking for to come outside. If you had lied about the person's presence in your home, or otherwise attempted to interfere with his investigation, probable cause may well have existed to arrest you.
Once the suspect came outside (or really even before that), you were under no obligation to identify yourself to the police officer (unless he had reason to suspect you were the subject of the AW). His conduct was inappropriate.
I encourage you to file an internal affairs complaint with his employer. They have a duty to conduct an investigation upon receiving the complaint. The only way to stop this kind of conduct is to report it. It will also create a record of his behavior. If it occurs again, your report will matter.
As you were not actually detained, I do not think it is worthwhile to pursue a civil rights action. Best of luck to you. If you have more questions, feel fee to contact my office. We specialize in civil rights matters involving police misconduct.See question
I have received letters from an inmate detailing various accounts of mistreatment by prison staff, including the warden and medical director. This inmate has suffered and been faced with life-threatening situations, including withholding medicine ...
The remedies available to the inmate depend on whether he is a State prisoner serving a sentence or a pre-trial detainee awaiting trial in a local jail. From your post, it appears that the inmate is a State prisoner and is thus subject to the Federal Prison Litigation Reform Act. We do not typically get involved in cases involving FPLRA as it places significant limitations on the client's ability to recover damages for his claims. Nevertheless, the State has constitutional obligation to provide adequate medical care to persons in prison. The prisoner must be able to establish that he/she has a serious medical condition such that failure to provide adequate medical treatment would be so far below the standard of care as to be deliberately indifferent. That is a very difficult standard in civil rights law. I would encourage you to contact your local office of the American Civil Liberties Union or the Southern Center for Human Rights. Both organizations will sometimes look into prison abuse cases or, at a minimum, may be able to refer you to an attorney who is willing to assist on a pro bono basis.See question
if a school teacher brings an item into the school that is not allowed and causes bodily harm to a student does he or she have immunity under the law
Your question does not offer enough detail for a definitive answer. However, I can offer some sense of how immunity works for school teachers in Georgia. Under Georgia law, public officials (including teachers) are generally entitled to "official immunity" for negligent acts committed during the course and scope of their employment, unless the act (or omission) was ministerial in nature.
For example, in a recent Georgia Supreme Court case, a school employee at the front desk allowed a man to pick up his child without first checking to be sure the man (the child's father) was on the list of authorized persons to pick up the child. The father kidnapped the child. the Court held that the act of checking the list was ministerial, that is, the employee did not have a choice not to look at the list first. In another recent decision, the Supreme Court held that a teacher's failure to require students to wear safety glasses during a science experiment was discretionary, even though school policy required wearing the safety glasses. Because the teacher had discretion, the teacher was entitled to official immunity.
With that information in mind, the answer to your question depends on (a) what the item was; (b) exactly what the policy says; and (c) the nature of the injury to the student. To use a extreme example, every school (actually state and federal law) prohibit anyone from bringing a weapon onto school property. If a teacher did so, left the weapon unattended, and a student hurt themselves, that could give rise to liability.
I would encourage you to discuss your case with an attorney who specializes in civil rights, education or serious personal injury law. This is a specialized area of law. You should not retain or consider the advice of attorneys who do not practice in this specialized area. My law firm does specialize in this field. If you have additional questions, please do not hesitate to contact me.See question
door and said they was here on an extended search warrant. While they had me, my mom, and my three year old son on the ground with 5 shoot guns in are face, I asked to see the search warrant. One of the officers told me " NO don't worry about that...
I believe this is part of another post and I already provided a response to that post. Please consider calling our office to discuss your criminal and potential civil rights matter.See question