Some individuals criminally trespassed at my residence, broke into the building I live in and I was then assaulted by one of them. I left (I was afraid of them) and called the police. When I went back to my place , an officer was there already talking to these people. He wouldn't listen to me nor talk to a witness there. The cop just arrested me (using excessive force after I told him I'm on disability) saying that I assaulted one of them. They were seen by witnesses and a camera caught them on video, breaking into the place. They lied to the cop who 'falsely arrested' me. I was never read my 'miranda rights', and 85% of the arrest report was false. They all lied in court, still sticking to their story of Lies. I was found "Not Guilty"-I had witnesses. Where would I go to start any lawsuits against individuals who violated my Civil Rights & Liberties and also committed other crimes against me. There is quite a list of crimes committed that night. How do I know or determine if any are 'federal violations' and should be heard in a Federal Court? And then where would I file those lawsuits?
Its a civil rights case you can file in Bucks county or in Federal court. One of the allegations would be false arrest or false imprisonment. Perhaps malicious prosecution. The individuals that you would sue you would have to consider if they have any resources to make it worth your while. Damages would have to be proven. Unlikely you have a case against the police.
Specific legal advice can only be given with full knowledge of all of the facts and circumstances of your situation. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.
A complete investigation is needed and you simply cannot get that on an internet forum by asking a question. You have to seek out an attorney and at least have a full discussion with one. Perhaps this is a malicious prosecution action in the making, but if there is no hope of recovering on a judgment, it would most likely cost you a ton of money. A malicious prosecution action has specific requirements that must be met in your jurisdiction.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
This is either a civil rights case or a civil lawsuit, depending on who you sue. If you sue the cops yo need a civil rights lawyer. The case can be brought in state or federal court in the district where it happened. I think your suit against the cop is pretty weak. Being found not guilty does not make him liable for suit. He is immune from suit for good faith discretionary actions. When he chose to believe one witness over another that was a discretionary act. You are unlikely to be successful suing the cop.
You can sue the people who broke in for trespass, assault, battery and possibly other claims. There are tort actions meaning they are lawsuits seeking money form these people for the injury you suffered. You are likely to need a lawyer to do this. If you have a decent case the lawyer will usually take it on a contingency basis, meaning the lawyer only gets paid if you win. The fact that you were found not guilty will not be considered proof that these people were lying. That is because the burden of proof in the criminal case is much higher than the civil case. Remember,, OJ was acquitted of murder but held civilly liable for millions of dollars because of these proof differences.
DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.
For the possible action against the police, contact the Pa. Civil Liberties union and ask for their "cooperating attorneys" for "police misconduct." the Philadelphia firm of Kairys & Rudovsky comes to mind.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline