Q: unlawful entry by an officer who then later made false statement to CPS worker
2 officers came to daughters house..male on porch at door, female out on sidewalk pacing..he stated had a call in complaint, I wasn't being detained or under arrest, just wanted to ask question...I stepped out on porch shut door...answered male officer truthfully and honestly, female officer kept calling me a liar...I said to male officer I'm getting a cigarette...walked in and shut the door..female officer says "open that door", male officer said "no, it's good"...she walked up into my daughters home came half way into her kitchen..told her she couldn't do that to get that hell out..she stated that yes she could because I "walked away from her"...I walked her right back out he door, she commenced to continue to call me a liar..'we're done' turned went back in and LOCKED the door..daughter called her Sgt sent video..she called CPS told them I am a "known meth user w tweaker movements" (don't use, nor have, nor charged for drugs) while watching grandkids..it's in report..can I sue
A:
It's important to address this situation by gathering all available evidence, including the video your daughter recorded and any documentation from CPS. Document your interactions with the officers and CPS, noting dates, times, and details of the conversations. This information will be vital in building your case.
You should consider consulting with an attorney experienced in civil rights or police misconduct cases. They can advise you on the viability of a lawsuit and the steps involved in pursuing legal action against the officer for unlawful entry and defamation. If cost is a concern, look for legal aid organizations in your area that might offer free or low-cost services.
Meanwhile, maintain a calm and cooperative demeanor with CPS, providing them with any evidence that contradicts the officer's claims. It's crucial to clear up any misunderstandings with CPS to ensure your grandchildren's safety and your rights. Taking these steps can help protect your family's well-being and address the wrongful actions taken against you.
1 user found this answer helpful
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.
