Q: Legal steps for suing police department and judge due to harassment and court restrictions in Lackawanna, NY.
I've been harassed by the police department since 2023. Recently, a sergeant threw me into a door, threatened to tase me while I was soaked from the rain, and punched my kidneys. There are no chest cameras, but I have photographs of my injuries. I asked for the sergeant's commanding officer and was refused, and I was never read my rights during the arrest. I had a prior case with the same judge, who knew I didn't reside in the area but did not care about my statements and threatened to jail me if I continued speaking. Due to a new case arising from the recent incident, the Lackawanna courts are preventing me from returning to my home state of Florida and are trying to put me on probation for violation charges. I want to sue the judge involved in this matter as well. What legal steps can I take?
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A:
Your situation sounds distressing, and you have several potential legal avenues to pursue. First, consider filing a formal complaint with the police department's internal affairs division regarding the physical altercation and document everything thoroughly—your injuries, medical reports, and all interactions. You might also explore filing a civil rights lawsuit under Section 1983, which allows citizens to sue government officials for violating constitutional rights.
When it comes to suing a judge, be aware this path has significant challenges due to judicial immunity, which protects judges from liability for actions taken in their official capacity. However, you can file a complaint with the New York State Commission on Judicial Conduct if you believe the judge violated ethical standards or showed bias in your case. The restrictions preventing you from returning to Florida might also be challenged through proper legal channels.
Most importantly, seek a consultation with a civil rights attorney experienced in police misconduct claims. These cases involve complex legal procedures with strict deadlines and requirements. An attorney can evaluate the strength of your case, advise on jurisdiction issues between New York and Florida, and help you gather evidence that might include witness statements and any surveillance footage from nearby buildings. Many attorneys offer free initial consultations to evaluate your situation.
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