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Officer misconduct, bail openly used as punishment

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TheForgotten

Junior Member
What is the name of your state (only U.S. law)? Texas

I was normally do a 3k jog every morning and a few weeks ago I was jumped from behind by 2 local officers beaten, choked out, then arrested for failure to identify, which as I understand under texas lw is not a crime at all under these circumstances. It is worth noting that I did not so much as touch the officers who were attacking me in retaliation or even self defense I simply raised my hands as far above me head as I could while in a choke hold and stated as I was not resisting. When I came to I was already in cuffs being forced into the back of the cop car being told I was being arrested for failure to identify.

When booked I was denied my medical brace for my leg I suffer from acute compartment syndrome which causes blood flow issues in my right leg which can cause all manner of other medical issues as well has potential nerve and tissue damage in the leg itself when left compressed and a large amount of pain. then after about 20 hours in holding I was forced to walk on my without my medical brace to to see the magistrate. where upon requesting a pr bond given my non existent criminal history, and my lack of income I was laughed at by the judge, and after she flipped through some papers She told me "I normally would give a pr bond for this kinda thing, but the officer says you lack respect for authority, and so I am placing your bail at $2000 maybe that will teach you to respect your superiors." When I attempted to tell her there was no way I could pay that and that the fine for the crime itself would be only $500 at the most She threatened to hold me in contempt of court.

Later during the trip back I began having trouble breathing and when, and after returning to holding I requested medical aid. roughly 4 hours after that point I was released as my family had posted my bail. I immediately went to see a doctor and after some blood work I was told I had suffered a collapsed left lung due to blood clotting caused by stressing my injured leg without my brace. I required blood thinners to recover, and was informed the longer I went without them the greater the risk of stroke.

What I want to know is what can I do to ensure the officers who assaulted me and denied me medical aid are removed from their position of authority, and is there is anything that I can do about a magistrate violating my 8th amendment right placing a bail over 4 times the maximum fine for the crime I was charged with while openly expressing that she was doing so as a punishment.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Texas

I was normally do a 3k jog every morning and a few weeks ago I was jumped from behind by 2 local officers beaten, choked out, then arrested for failure to identify, which as I understand under texas lw is not a crime at all under these circumstances. It is worth noting that I did not so much as touch the officers who were attacking me in retaliation or even self defense I simply raised my hands as far above me head as I could while in a choke hold and stated as I was not resisting. When I came to I was already in cuffs being forced into the back of the cop car being told I was being arrested for failure to identify.

When booked I was denied my medical brace for my leg I suffer from acute compartment syndrome which causes blood flow issues in my right leg which can cause all manner of other medical issues as well has potential nerve and tissue damage in the leg itself when left compressed and a large amount of pain. then after about 20 hours in holding I was forced to walk on my without my medical brace to to see the magistrate. where upon requesting a pr bond given my non existent criminal history, and my lack of income I was laughed at by the judge, and after she flipped through some papers She told me "I normally would give a pr bond for this kinda thing, but the officer says you lack respect for authority, and so I am placing your bail at $2000 maybe that will teach you to respect your superiors." When I attempted to tell her there was no way I could pay that and that the fine for the crime itself would be only $500 at the most She threatened to hold me in contempt of court.

Later during the trip back I began having trouble breathing and when, and after returning to holding I requested medical aid. roughly 4 hours after that point I was released as my family had posted my bail. I immediately went to see a doctor and after some blood work I was told I had suffered a collapsed left lung due to blood clotting caused by stressing my injured leg without my brace. I required blood thinners to recover, and was informed the longer I went without them the greater the risk of stroke.

What I want to know is what can I do to ensure the officers who assaulted me and denied me medical aid are removed from their position of authority, and is there is anything that I can do about a magistrate violating my 8th amendment right placing a bail over 4 times the maximum fine for the crime I was charged with while openly expressing that she was doing so as a punishment.
Plead not guilty. Get an attorney. Win your case, and THEN sue the police. Clearly making a complaint to their supervisors isn't going to get you anywhere.
However, unless you have any actual financial damages, you may not get far and your attorney will cost money.
 

CavemanLawyer

Senior Member
File complaints with the officers' agencies including with the agency that manages the jail, which is usually the sheriff's office. File a lawsuit if you truly believe your rights were violated. Fight your criminal case through your attorney.

Failure to identify can be anything from a class C up to a class A misdemeanor. It sure sounds like you were charged with the class B misdemeanor in which case the punishment can be anything up to 6 months in jail or a $2000 fine. Anywhere from $1500 to $2000 is a pretty standard basic bond for a Class B misdemeanor with no criminal history. PR bonds would typically be granted in alot of cases but a judge is never required to give a PR bond except in specific situations like where there is a delay in prosecution.

I acknowledge that some officers engage in misconduct, even in groups, but there has GOT to be more to this story than for these officers to have targeted you randomly.
 

TheForgotten

Junior Member
I acknowledge that some officers engage in misconduct, even in groups, but there has GOT to be more to this story than for these officers to have targeted you randomly.
I was charged with a class C misdemeanor failure to identify, but what you said basically means if a judge just doesn't like you personally your 8th amendment right means nothing, so much for being impartial...

There is nothing more to the story but my appearance which legally should play no role in the arrest. The only other possibility is that the officer was one of the many bullies I had fought on behalf of their victims back in school. In which case they should neither have a gun or a badge in the first place.

As for the officers the sheriff made it very clear where I stand in this when he tore up my complaint and threw it away...

.
 
Last edited by a moderator:

justalayman

Senior Member
a few weeks ago I was jumped from behind by 2 local officers beaten, choked out, then arrested for failure to identify
So without warning or any attempt to address you these cops, who you were apparently totally unuaware of, grabbed you and assaulted you?

While I have seen way too many cops acting in ways that are improper all the way to criminal, I can't say I've seen nor heard of any acting in the manner you describe.

In agreement with several others, I suspect there is more to the story.
 

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