Q: Do I have a civil lawsuit against the San Jose Police Dept in Santa Clara County, CA
My son was arrested 3 years ago and on the video body camera of the police it shows my son asking them 8 different times to get the video footage from his apartment complex and to interview his two witnesses for their statements which they never did but they went to the victims area and asked UPS for video footage as he still sits in jail with his 3rd IDO who is barely starting to work on his case, if they would have retrieved the video footage my son would have been released 3 years ago as the police and the DA has all seen that there is/was video footage at the time of the arrest to help him but did nothing and now there is nothing to defend him with - I / we want to sue the police for the damage, bias and prejudicial, the due process of the law, your rights to ask them for help
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- Answered
A:
It sounds like you have concerns about potential misconduct by the San Jose Police Department and the District Attorney's office in handling your son's case. If the police failed to collect crucial evidence or interview witnesses despite requests, this could be a violation of your son’s rights to a fair investigation and due process. These rights are fundamental in the justice system, and any failure to uphold them could be grounds for a civil lawsuit.
To pursue a lawsuit, you would need to show that the police’s actions or inactions directly harmed your son’s case and led to his continued imprisonment. This might involve demonstrating negligence, bias, or a violation of civil rights by the police or prosecuting authorities. Evidence such as body camera footage, records of your requests, and the absence of the requested investigation could be critical in building your case.
Consider consulting with a civil rights attorney who can assess the specific details of your situation, review all available evidence, and guide you through the process of filing a potential lawsuit. They can help you determine the strength of your claim and whether other legal avenues, like a writ of habeas corpus or a complaint to internal affairs, might also be worth exploring.
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