Can't Get Police Report?

[GrandpaSquid]

What is the name of your state (only U.S. law)? OR

I got into an argument at an oil changing store about why I should be able to look at my old air filter before they push me to buy a new one. Words got loud. Finally they told me to leave and not come back. As if i would. I gave them a $20 and they refused it. They left the new air filter in but kept my oil. Lucky it was a short drive to the store and home to replace the oil.

Next, I'm home installing the oil they drained and did not replace and a cop comes up to say I will not be charged for theft. (Then why is he there at all?) But I am not to go back. OK. I said I would not go back in any case. He went back to his car and I went back into my house through the garage. I wanted to check and make sure my home alarm was off. I was about to go back when the cop came through the door and pushed me. I am disabled and have weak legs and one knee has been replaced. I am 62 years old. He slammed me down my hall and I hit my bad knee and elbow on the walls of my front hall and landed against the front door hard with my head and shoulders. Why? I am not scary and I made no threat to the cop. He never said to me to stay put, don't move, anything like that.

I was lying on the floor in my hallway screaming in pain. I thought my knee was broken. My head, neck and shoulders hurt. I hurt so much I could not think, just yell. My wife came running down the stairs and was shocked. She could see I was hurt and there was this cop just standing there watching. She asked him why he was here and he ignored her. She asked him several times, not yelling, politely. No answer. Finally he told me I was under arrest. I said, for what? but he didn't say. Then he told me to get up. I tried but I couldn't. I just had my knee replacement 5 months ago, it's still healing, it's just got a really bad bump, and I can't get up. My wife finally had to help me and it took her 2 tries. They made me limp outside and sit in a cop car. They asked me a lot of questions about the oil place and how I got hurt and interrupted me when I tried to answer. Then they said they didn't believe me. I don't speak good English and they took my wrong words as meaning something else. My wife tried to help but they weren't interested. Finally they took me in an ambulance to a hospital where my HMO does not cover even though I asked them to. They refused to let me have anything for my pain, which was severe, and I have a regular prescription. Not even Advil or something. Then they took me to jail and still nothing for pain. They made me miss my evening medicines for my diabetes and blood pressure. Then they cut me loose without my wallet or money to hitchhike home without my cane.

OK. that is the background. They gave me tickets for harassment and resisting arrest. I didn't resist and I didn't harass them so I don't know what is up with that. The weird thing is the tickets had a time and date to go to court that was on a Saturday and it was closed. I went just in case I was wrong, sure enough, it's closed. That Monday I went to look into it and they said there was no record of it.

I filed a complaint about my treatment that was forwarded to internal affairs. I am still getting physical therapy for my neck and shoulders two months later and it looks like there's a chipped bone in my elbow. The knee is recovering, slowly. Here's the really odd thing. I sent in the fee to get a copy of my police report for that day and they say it is exempt from disclosure because the case is open. I went to court the day they said and there was nothing there. When I went back they said there was nothing in the system. How could it be open? Has anybody ever heard of anything like this?

I guess I could just be glad they didn't just shoot me because they didn't like my face. I am Asian/Pacific Islander and that is close enough in looks to Mexican that maybe they thought it would be fun to harass an illegal. I am a citizen.

[CdwJava]

Since none of us can have any idea why the officer might have acted the way he did, all I can recommend is that you consult a local attorney who handles injury claims against law enforcement. If there is a valid claim to be had, you should have little problem finding an attorney who will take the case on a contingency fee basis (in other words, he'd get paid out of a settlement and you would not have to pay him up front).

- Carl