Anaheim, CA asked in Civil Rights for California

Q: I’ll try and make this as short as possible. I was waiting outside for the sheriffs to arrive on scene for a call made

By a woman who claims I hit her child. The officer assaulted me, caused a sprained shoulder and wrist after I told him during the situation that I was disabled. I have a bachelors degree in cognitive studies and a masters in special ed, the woman who claimed I hit her child is lying. A cart hit me 3 times inside the store and the third time I gently pushed the cart off my back, and she started screaming that I hit her child. Which is why the police were called in the first place. She was chasing me around the store and outside, which is why I waited in front for the police. My question is, will this charge stick? It’s going to jeopardize my entire career. And, my other question is, how do I go about filing a complaint against the officer?

Related Topics:
1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: I don't have a crystal ball, so I can't say whether any "charges" will "stick". You didn't mention that you were charged with anything.

I suggest you document your injuries with appropriate medical care for them, and get a receipt for the charges for that care. If and when it becomes appropriate (you have 2 years to file a federal claim against the officer and his police department for the injuries you suffered), you can retain counsel who knows how to handle civil rights claims pursuant to 42 U.S.C. § 1983. Additionally, you can file a formal complaint against the officer by going to the police department and asking for an officer complaint form. They get them all the time, and you should fill it out to the best of your ability, making sure you tell the whole truth without embellishment of anything. Then make yourself several copies of your complaint, and submit the original and one copy to the police department and ask them to file stamp your copy and return it to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.