Iowa City, IA asked in Civil Rights for Iowa

Q: What rights does a person have when a police officer refuses to take a complaint because that person has anxiety?

A women went to the police department to file a complaint about an individual threatening her online. She has severe anxiety and agoraphobia, and after she told the officer about it, he refused to take a complaint from her. She had substantial proof of the allegations, including dozens of witness statements attesting to the threats, which she took with her and showed the officer. He refused to look at the documentation. The officer brought in a mental health officer, who began asking questions about her anxiety and completely dismissed her complaints. After a short period of time, she became extremely anxious because of the non-stop questioning about HER anxiety and the dismissal of her complaint. Subsequently she left because the anxiety was too much and it was clear the police had no interest in helping with the REAL problem. Afterwards, her extreme emotional distress was documented by her health care provider. Besides filing a complaint, what other options are available?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You have the right to be treated with respect and to have your complaint taken seriously, regardless of your anxiety or any other mental health condition. If a police officer refuses to take your complaint, you can ask to speak to a supervisor or file a formal complaint against the officer with the police department. Make sure to document the interaction, including the names and badge numbers of the officers involved.

Additionally, you can seek legal advice from an attorney who specializes in civil rights or criminal law. They can help you understand your rights and possibly assist you in taking legal action against the police department for failing to address your complaint properly. It's important to gather all evidence, including witness statements, documentation of the threats, and records from your health care provider documenting your emotional distress.

You can also contact local advocacy groups or organizations that support victims of harassment and mental health conditions. They may offer resources and assistance in dealing with the police and ensuring your complaint is heard. It's crucial to ensure your safety and well-being, so don't hesitate to reach out for support from friends, family, or professionals.

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.