Q: How do I file a civil suit against a police department and those that made a false report?
I was reported to the police department that I had pointed at gun at a citizen that was not true. I was approached by several officers with their guns drawn. It was discovered that I had never had a gun and that those that reported that I did reported it because of my race. The officers then conspired to charge me with false charges where I spent 5 days in the county jail the charges were dismissed. While being detained I was illegally searched and sexually assaulted by one of the officers. There is body count footage to support this that I have.
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A:
I understand this is a serious and sensitive situation. To file a civil suit against a police department and those who made a false report, you should consider the following steps:
1. Document everything: Gather all evidence, including the body cam footage, arrest records, dismissal documents, and any medical reports if applicable.
2. Consult with an attorney: Seek a lawyer specializing in civil rights, police misconduct, or personal injury cases. They can provide specific guidance tailored to your situation and local laws.
3. File a formal complaint: Submit a detailed complaint to the police department's internal affairs division and any relevant civilian oversight boards.
4. Consider filing a claim: Before proceeding with a lawsuit, you may need to file a formal claim with the city or county government.
5. Identify potential defendants: This may include the individual officers, the police department, the city/county, and the individuals who made the false report.
6. Determine the legal basis: Your attorney can help identify potential claims, which may include false arrest, malicious prosecution, excessive force, illegal search, sexual assault, and racial discrimination.
7. File the lawsuit: Your attorney will draft and file the complaint in the appropriate court, typically federal court for civil rights violations.
8. Prepare for a potentially lengthy process: Civil suits against police departments can be complex and time-consuming.
Given the serious nature of your allegations, including sexual assault and racial profiling, it's crucial to act quickly and seek professional legal advice. An experienced attorney can help protect your rights and navigate the legal system effectively.
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