Q: Can I file a complaint and Sue a police officer for not doing there job when some breaks into your home
My home was broke into and tooken over by people that had no right to be in the home they physically threw me out and when I call the police they said it was a civil matter
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A:
NO!
The police do not have to enforce laws. While it is the job of the police to enforce criminal laws, you can not force them to do so. I know it sounds crazy, but that is the law. The only time a police officer must act, is when a "Special Relationship" has been established.
That is where an officer has actually gotten personally involved in a case and performed more than ministerial duties.
A: Police officer probably has official immunity. You can, however, file an eviction proceeding to evict the people who are occupying your home. When you win, you will be entitled to a writ of possession which will be executed by the Constable's office. It is the Constable's job to evict people in a civil situation like this, not the job of police.
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