Wednesday, August 3, 2011

Is this a civil rights violation?

I believe that my civil rights were violated by the city of Roswell police and I would like to sue for compensation. I understand that filing a suit against the police is one of the hardest cases to win, so that is why I’m asking for your opinion. Listed here is my case and why I believe I can provide a valid suit. On December 28, 2010, my girlfriend called the police and claimed that I assaulted her the night before. She wanted to come inside to get her stuff, but my family told her she was not allowed inside the house. She lied to the police officers and told them that she lives with my downstairs in my aunt’s basement. She met up with two Cobb police officers near my house. She explained her situation to the officers, and they called in the Roswell police department because I live outside their jurisdiction. When they showed up they proceeded by knocking on the front door and sending someone around back. Meanwhile, I was upstairs sleeping in my aunt’s bed. They called my girlfriend over to go inside and grab the dogs. They came inside and proceeded to search the house for me. I woke up to my two dogs barking and a bunch of boots downstairs. I got scared and ran into my aunt’s closet. I hid under her pile of dirty clothes. They found me and handcuffed me at gunpoint. They brought me downstairs to the family room and told me that I was not under arrest. They asked me what my name was, and they told me to tell them what happened the night before. I refused to say anything ,and I asked to call a lawyer twice and to call my aunt who I explained was the owner of the house. I was denied both. The arresting police officer yelled at me and told me that I was acting like I was twelve, and that I need to be a grown *** man. I gave in and gave them my account of what happened the night before. He told me that was bullshit, and that I was going to be arrested if I continued to lie. I kept denying any questions they asked me about the night before. The lady officer asked the arresting officer if she could talk to me alone. He agreed, and she told me that I need to cooperate with their story so I wouldn’t get in trouble and that we would be able to talk about it. I agreed to their story, and she called the other officer in and told him I admitted to everything. He arrested me for aggravated assault and terroristic threats, which was later wrote up as aggravated assault and false imprisonment. I was informed both of those were serious felonies, but was never read my Miranda Rights. I was booked in at the Roswell city jail and was later transferred downtown to the Fulton County Jail. My bond the next morning was set at a hundred thousand. A couple days later, my girlfriend went to the police department, and told them they made a false police report and provided them with a new statement. I was just released January 21, 2010 by a sign on bond. The arresting officer has failed to show to any of the grand jury’s or the morning of the 19th of January when I was supposed to have a preliminary. The judge got the district attorney to call the officer and ask if he would show up the next morning. He agreed, but did not show up the next day. The next day when the judge figured out what happened, she was extremely angry. When the officer was called he claimed to have the swine flu, and that he was taking hydrocodone and codeine and was not able to make it. The judge did not believe his excuse and gave him a couple days to provide paperwork or he would be thrown into jail for perjury. I believe that the arresting officer found out that I have a witness saying he denied me a lawyer and that he did not read me my rights. I think he believes one of the Cobb police officers is my witness and that he did not wish to come to court and perjure himself. I believe that my fourth, sixth fourteenth amendment was violated during my arrest. They did not have the right to search for me without a warrant, and they did not have the right to deny me a lawyer. I have to right to not be illegally interrogated, and I have the right to be made aware of my rights. My girlfriend was in the room over and heard the interrogation, and I do not believe the two Cobb police officers would perjure themselves under oath. My hope is to file a suit against the city of Roswell for the thousands of dollars I spent to retain a lawyer, compensation for the money they made off of me while I was detained and emotional distress due to inmate harassment while I was detained. . Thank you for taking your time for reading over this and any comments are greatly appreciated.

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