Wrongfully picked up for "matching description" then charged with disorderly conduct
What is the name of your state? Minnesota
We live in a small town of 7000 mostly caucasian people. We are also caucasian. I work full time and my husband if a full time student. We are both in our early 30's.
My husband was walking home from a local sports bar (he was there to watch a hockey game and had 3 beers over 3 hours) and was stopped by officers about a block from our house. The officers asked my husband to get in the police car because he fit the description of someone for which they were looking. My husband was handcuffed and placed in the back of the police car.
The officers then drove him to some apartments a few blocks away and took him out of the police car and talked to him about what he was doing and who he was. He explained he was walking home after watching a hockey game at the sports bar. My husband than thought he was going to be let go, but instead he was forced back into the police car. He yelled (and probably swore) at the police once he was back in the car. At that time, he was told he was under arrest for disorderly conduct.
He ended up being charged for disorderly conduct under Minnesota Statute 609.72 Subdivision 1 (3): https://www.revisor.leg.state.mn.us/statutes/?id=609.72
At some point during all this he was picked up BY the handcuffs that had been placed on him. This left severe bruises on his wrists and he currently does not have feeling in one thumb. We have photos of the brusing, but do not have insurance and cannot afford the tests that would determine if he has nerve damage.
He was held in jail for about 12 hours. The guy the cops were originally looking for was found and ended up in the cell next to him.
While being held he was denied a phone call. He was told he did not get a call until he was in jail for over 24 hours. He was also denied water for just over 9 hours.
He is scheduled to appear in court a month from now on the disorderly conduct charges.
My husband is a legal permanent resident from Canada, but it is unlikely the local authorities know that he is a "foreigner" as he has a valid driver's license and social security number.
He has been assigned a public defender.
Is the disorderly conduct charge legitimate?
Did the police violate his civil rights?
What types of laws/statutes/rules would that be explained in?
Should we take action against the city for what happened?
Is there a way to make the city pay for him to see a doctor?
Can a public defender help with taking action against the city?
Any other advice anyone has would be welcome.
Thank you
What is the name of your state? Minnesota
We live in a small town of 7000 mostly caucasian people. We are also caucasian. I work full time and my husband if a full time student. We are both in our early 30's.
My husband was walking home from a local sports bar (he was there to watch a hockey game and had 3 beers over 3 hours) and was stopped by officers about a block from our house. The officers asked my husband to get in the police car because he fit the description of someone for which they were looking. My husband was handcuffed and placed in the back of the police car.
The officers then drove him to some apartments a few blocks away and took him out of the police car and talked to him about what he was doing and who he was. He explained he was walking home after watching a hockey game at the sports bar. My husband than thought he was going to be let go, but instead he was forced back into the police car. He yelled (and probably swore) at the police once he was back in the car. At that time, he was told he was under arrest for disorderly conduct.
He ended up being charged for disorderly conduct under Minnesota Statute 609.72 Subdivision 1 (3): https://www.revisor.leg.state.mn.us/statutes/?id=609.72
At some point during all this he was picked up BY the handcuffs that had been placed on him. This left severe bruises on his wrists and he currently does not have feeling in one thumb. We have photos of the brusing, but do not have insurance and cannot afford the tests that would determine if he has nerve damage.
He was held in jail for about 12 hours. The guy the cops were originally looking for was found and ended up in the cell next to him.
While being held he was denied a phone call. He was told he did not get a call until he was in jail for over 24 hours. He was also denied water for just over 9 hours.
He is scheduled to appear in court a month from now on the disorderly conduct charges.
My husband is a legal permanent resident from Canada, but it is unlikely the local authorities know that he is a "foreigner" as he has a valid driver's license and social security number.
He has been assigned a public defender.
Is the disorderly conduct charge legitimate?
Did the police violate his civil rights?
What types of laws/statutes/rules would that be explained in?
Should we take action against the city for what happened?
Is there a way to make the city pay for him to see a doctor?
Can a public defender help with taking action against the city?
Any other advice anyone has would be welcome.
Thank you
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