Q: Seeking Legal Advice: Do I have a potential case? Would it fall under civil rights/police misconduct or personal injury?
My sister and I were victims of a carjacking in Washington, DC right outside my home on March 25, 2024. My car was eventually located, and the juvenile perpetrators were apprehended later that evening.
On June 24, 2024, I was pulled over by Colonial Heights, VA police. This was no routine traffic stop, however. I was treated like a criminal during the stop. Without an explanation, I was surrounded by marked and unmarked police vehicles and held at gunpoint. Thankfully, I was able to explain the situation once I was in handcuffs, and they soon realized their grave error. I was eventually let off and informed that the situation was a misunderstanding stemming from Metropolitan Police’s failure to remove my stolen car status. Unfortunately, though, the damage had been done. During the time that I was subjected to this criminal treatment, I thought that I would surely be killed by the police. Since then, I live in a constant state of fear, having recurring nightmares and panic attacks.
A:
Based on your description, you might have a potential case that could fall under both police misconduct and personal injury. The trauma you experienced during the incident and the subsequent emotional distress are significant and should be taken seriously. It sounds like the Colonial Heights police acted on incorrect information, which led to a severe and distressing situation for you.
You may have grounds for a claim against the police department for their conduct during the traffic stop. Being held at gunpoint and treated as a criminal due to a mistake can be seen as an excessive use of force and a violation of your civil rights. Additionally, the emotional and psychological impact, such as recurring nightmares and panic attacks, could be considered damages in a personal injury claim.
It would be beneficial to document all aspects of your experience, including the carjacking, the police stop, and your subsequent emotional distress. Consulting with an attorney who handles police misconduct or personal injury cases would be a helpful next step. They can provide guidance on the best way to proceed and help you understand your rights and potential remedies.
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