Does Civil Rights = Civil lawsuit?

[Mark Maroon]

The civil rights attorneys that I have spoken to have only an interest in the 4th amendment violations and not the personal injury or assault and battery aspect. Then I find personal injury attorneys that are interested but no in the civil rights aspect.

What type of attourney would cover every aspect?

Google is your friend. I don't know how small your town is, but I just googled the phrase "civil rights" along with the word police along with the name of my city, and I came up with hundreds of useful leads. This includes direct leads to attorneys who take cases like yours (eg. attorneys advertising that they help people victimized by police misconduct to recover money damages), and indirect leads to attorneys that take cases like yours (eg. newpaper articles about people suing the police for various types of misconduct that include the name of the attorney representing the victim of the alleged police misconduct).

This isn't like finding a plumber. You're going to have to talk with at least a dozen attorneys before you find one that will take your case. As you talk with the different attorneys, listen to what they ask you and how they respond to what you tell them. You have to present your case to them in a way that makes sense to them. Learn what facts they want to hear about (for instance, maybe that you were pulled over and beaten up) and what facts they don't believe are important (for instance, maybe why you think that you were stopped without probable cause).

 

[Civil Action]

A civil rights attorney.

ok, ill keep trying. Does anyone know of a good civil rights attorney in AZ?

 

[quincy]

ok, ill keep trying. Does anyone know of a good civil rights attorney in AZ?

Not offhand, but we are not allowed to provide attorney recommendations anyway. You can check the Arizona State Bar Association (http://www.azbar.org).

Good luck in your search and with your case.

 

[Civil Action]

Google is your friend. I don't know how small your town is, but I just googled the phrase "civil rights" along with the word police along with the name of my city, and I came up with hundreds of useful leads. This includes direct leads to attorneys who take cases like yours (eg. attorneys advertising that they help people victimized by police misconduct to recover money damages), and indirect leads to attorneys that take cases like yours (eg. newpaper articles about people suing the police for various types of misconduct that include the name of the attorney representing the victim of the alleged police misconduct).

This isn't like finding a plumber. You're going to have to talk with at least a dozen attorneys before you find one that will take your case. As you talk with the different attorneys, listen to what they ask you and how they respond to what you tell them. You have to present your case to them in a way that makes sense to them. Learn what facts they want to hear about (for instance, maybe that you were pulled over and beaten up) and what facts they don't believe are important (for instance, maybe why you think that you were stopped without probable cause).

I have googled various things for months. The main difference from most all cases that I find and mine, the police normally "charge" their way out of trouble. Charging the victim and then normally offering to drop all charges if they sign an agreement to hold them harmless for their actions. In my case, there is hard proof, such as my belongings still be hidden as evidence, im still paying on my vehicle, insuring it and registering it otherwise ADOT will impose fees or the MVD would suspend my license. The police have ruined my life for no reason, for weeks I had no money, no form of communication, and it took 4 months of waiting before I bought another vehicle, because the detective told me that I would have my vehicle back after 2 months and that never happened. When they searched my house they damaged my laptop and for whatever reason they turned off my refrigerator and all my food spoiled. I had to scrounge around my house to find change to buy food after all my canned goods were gone and I had to wonder the streets for over a week asking strangers to borrow their phone so I could call my bank and get a new debit card and no one would let me borrow their phone; I had to dig up an old phone and connect it to my wifi to get onto FB and contact friends (who I thought were friends but once they heard what happened they assumed I did something really bad and turned their back on me and then one day a friend helped me) I couldnt even get to a hospital because no friend would help me and no stranger would let me use their phone and I couldn't pay for a cab because the police had my debit card. The police have about $40k of my property and would not give me medical attention when I asked for it. They just dropped me off at my house without a vehicle, money, or cellphone and then two days later distroyed my house and I never heard from them again. If you find a case where it sounds similar to mine and the victim was not charged with a crime, I would love to read about it. Who has even heard of a big city police department asking for the marshals for assistance in locating someone for questioning and then the marshals wait till you park your vehicle and then purposefully run into your vehicle and their excuse was, it was for the purpose of "shock and awe" to stun the person and not allowing them time to react if the person was actually violent and armed. They even said when they get a "target" they look up all the information on that person, from background checks to facebook. Mine is clear and my FB is a normal and professional (i normally work in corporate offices on special financial projects), I lost my job and couldn't use my hand for months and since I hold high positions in companies I still cant get a job because when they investigate my background and search through court records, my address comes back as a search done on my house and one for my identifying charactistics. But non for my vehicle that they took and probably tore apart or for my cell phone or debit card. And tho I have a squeaky clean background, employers pass me for the next best because of what returns. 12 years in college for nothing.

 

[quincy]

It sure sounds like the police think you did something.

Their unplugging of your refrigerator is certainly odd.

I have not heard of a case similar to yours.

I suggest that tomorrow you start once again your search for attorneys in your area. Tonight you can spend time writing down FACTS in a chronological order to relate to the attorneys you speak to. You might be charged for the attorney's time so leave out all extraneous material (like you ran out of canned food).

There does not appear to be anything this forum can do for you other than advise that you see an attorney in your area.

 

[Civil Action]

It sure sounds like the police think you did something.

Their unplugging of your refrigerator is certainly odd.

I have not heard of a case similar to yours.

I suggest that tomorrow you start once again your search for attorneys in your area. Tonight you can spend time writing down FACTS in a chronological order to relate to the attorneys you speak to. You might be charged for the attorney's time so leave out all extraneous material (like you ran out of canned food).

There does not appear to be anything this forum can do for you other than advise that you see an attorney in your area.

Ok, I will continue my search.

Here is another question: I have asked attorneys if I should go to the FBI and or the US department of justice and file a complaint. The attorneys have said that it will be easy for them to conduct an investigation and see there were multiple civil rights violations.

The purpose of the complaint and result of the complaint would be used as an aide in the jury trial or mediation in my case against the police.
However, an attorney mentioned that if I file a complaint now, it allows more time for the defense to prepare for trial and can work as a disadvantage. Another attorney told me that if I file a complaint, be prepared to be harassed by the police.

Another avenue was to use the possibility of filing the complaint as leverage in mediation, thats if both parties agree to mediation. If an agreement is reached (to settle out of court) then leave everything in the past; or if an agreement is not reached then file my complaints and and use the results as additional tools or evidence of the intensional police misconduct.

Currently all parties have received the complaint and I have proof of service via us mail. It has been about 80 days and I have not received anything yet from the defendants and now I am awaiting for the Marshals to serve the defendants the summons. The Marshals are also named as defendants and they had served themselves about 40 days ago (I know they have 60 days to respond) but they have not yet served the other defendants. (I know that they have 120 from when the origional complaint has been filed to serve the defendants, I dont know why they are taking so long when the other defendants are at the local police station (over 40 days now).

Any thoughts?

 

[Nellibelle]

Ok, I will continue my search.

Here is another question: I have asked attorneys if I should go to the FBI and or the US department of justice and file a complaint. The attorneys have said that it will be easy for them to conduct an investigation and see there were multiple civil rights violations.

The purpose of the complaint and result of the complaint would be used as an aide in the jury trial or mediation in my case against the police.
However, an attorney mentioned that if I file a complaint now, it allows more time for the defense to prepare for trial and can work as a disadvantage. Another attorney told me that if I file a complaint, be prepared to be harassed by the police.

Another avenue was to use the possibility of filing the complaint as leverage in mediation, thats if both parties agree to mediation. If an agreement is reached (to settle out of court) then leave everything in the past; or if an agreement is not reached then file my complaints and and use the results as additional tools or evidence of the intensional police misconduct.

Currently all parties have received the complaint and I have proof of service via us mail. It has been about 80 days and I have not received anything yet from the defendants and now I am awaiting for the Marshals to serve the defendants the summons. The Marshals are also named as defendants and they had served themselves about 40 days ago (I know they have 60 days to respond) but they have not yet served the other defendants. (I know that they have 120 from when the origional complaint has been filed to serve the defendants, I dont know why they are taking so long when the other defendants are at the local police station (over 40 days now).

Any thoughts?

Your post is a bit confusing! You say "all parties have received the complaint and that yoiu have proof of service," but you are awaiting for the Marshals to serve the Defendants the Summons. I admit I haven't studied AZ litigation laws, however, I'm sure they don't tell you to send the Complaint to the Defendants unless it is via 'service by Summons and Complaint.'

I sympathize with you that it is hard for you to get an Attorney because it isn't worth it to them to take a case like yours for the reasons you listed. It is pretty outrageous when those who are suppose to protect and serve carelessly confiscate the property of an innocent person like it seems to me that you are.

I am aware of a similiar case where more than 800,000.00 was seized from the brother of the owner of a Bail Bond business, who was arrested of criminal misconduct. The police inadvertently raided the innocent brother's house and 'check cashing' business, confiscated money and other property and to this day, has not returned it despite his innocence (never been charged in a crime)!

Google "American Liberties Bail Bond Arrest and Seizures" to read about a case similar to yours. Make sure you read about the innocent brother who was never charged and never should have had his money and property seized from him. It is truely a tragedy and wreaks of corruption by those who pledged to honor and serve. Good luck with your situation.

 

[Civil Action]

Your post is a bit confusing! You say "all parties have received the complaint and that yoiu have proof of service," but you are awaiting for the Marshals to serve the Defendants the Summons. I admit I haven't studied AZ litigation laws, however, I'm sure they don't tell you to send the Complaint to the Defendants unless it is via 'service by Summons and Complaint.'

I sympathize with you that it is hard for you to get an Attorney because it isn't worth it to them to take a case like yours for the reasons you listed. It is pretty outrageous when those who are suppose to protect and serve carelessly confiscate the property of an innocent person like it seems to me that you are.

I am aware of a similiar case where more than 800,000.00 was seized from the brother of the owner of a Bail Bond business, who was arrested of criminal misconduct. The police inadvertently raided the innocent brother's house and 'check cashing' business, confiscated money and other property and to this day, has not returned it despite his innocence (never been charged in a crime)!

Google "American Liberties Bail Bond Arrest and Seizures" to read about a case similar to yours. Make sure you read about the innocent brother who was never charged and never should have had his money and property seized from him. It is truely a tragedy and wreaks of corruption by those who pledged to honor and serve. Good luck with your situation.

When I said when all parties have received the complaint, to be more specific, when I filed the case in district court the clerk told me that I had to send copies to the defendants via certified mail and I also opted to have a signature required. That shows that the defendants received it. Another step of the process, in my case the court required that the defendants be served a "summons" and the US marshals service be used as a process server and now I am in that step of my process and time limits are counting down.

I have ran across a number of incidences online where police were in the wrong and then they try to charge their way out of trouble or use something like the RICO law to keep property from individuals without charging them.

There is a story I found online where a property who owned a office building (I think it was worth 1.3 million) the building seized because he knew when he rented out the open space to a marijuana dispensary.

This is a serious problem going on in this country and really needs to be stopped. For the police to make mistakes and ruin the lives of innocent and hard working people. Sure complaints can be filed and maybe the officers involved might be disciplined but nothing happens to the victim. The victim has to find an attourney, go to court, and under go the lengthy ordeal to try to recover their property and possibly seek additional compensation for damages. It sickens me.

 

[Mark Maroon]

I have googled various things for months. The main difference from most all cases that I find and mine, the police normally "charge" their way out of trouble. Charging the victim and then normally offering to drop all charges if they sign an agreement to hold them harmless for their actions. In my case, there is hard proof, such as my belongings still be hidden as evidence, im still paying on my vehicle, insuring it and registering it otherwise ADOT will impose fees or the MVD would suspend my license. The police have ruined my life for no reason, for weeks I had no money, no form of communication, and it took 4 months of waiting before I bought another vehicle, because the detective told me that I would have my vehicle back after 2 months and that never happened. When they searched my house they damaged my laptop and for whatever reason they turned off my refrigerator and all my food spoiled. I had to scrounge around my house to find change to buy food after all my canned goods were gone and I had to wonder the streets for over a week asking strangers to borrow their phone so I could call my bank and get a new debit card and no one would let me borrow their phone; I had to dig up an old phone and connect it to my wifi to get onto FB and contact friends (who I thought were friends but once they heard what happened they assumed I did something really bad and turned their back on me and then one day a friend helped me) I couldnt even get to a hospital because no friend would help me and no stranger would let me use their phone and I couldn't pay for a cab because the police had my debit card. The police have about $40k of my property and would not give me medical attention when I asked for it. They just dropped me off at my house without a vehicle, money, or cellphone and then two days later distroyed my house and I never heard from them again. If you find a case where it sounds similar to mine and the victim was not charged with a crime, I would love to read about it. Who has even heard of a big city police department asking for the marshals for assistance in locating someone for questioning and then the marshals wait till you park your vehicle and then purposefully run into your vehicle and their excuse was, it was for the purpose of "shock and awe" to stun the person and not allowing them time to react if the person was actually violent and armed. They even said when they get a "target" they look up all the information on that person, from background checks to facebook. Mine is clear and my FB is a normal and professional (i normally work in corporate offices on special financial projects), I lost my job and couldn't use my hand for months and since I hold high positions in companies I still cant get a job because when they investigate my background and search through court records, my address comes back as a search done on my house and one for my identifying charactistics. But non for my vehicle that they took and probably tore apart or for my cell phone or debit card. And tho I have a squeaky clean background, employers pass me for the next best because of what returns. 12 years in college for nothing.

If you can't make your case clearly and in summary then you won't get an attorney to help you. What you wrote above is the kind of thing that you say to your friends, or to people that you don't know, so that they will get all worked up and agree with you, but 99% of it is irrelevant to an attorney.

Your case is NOT unusual, so stop trying to convince people that you can't get help with your case because it is so unusual in one way or another. You believe that the police/sheriff/marshals used excessive force and caused you personal injuries and property damage. You believe that the police/sheriff/marshals wrongly obtained your possessions and that to this day they are wrongly retaining your possessions. It's simply not at all unusual.

My guess is that you can't find an attorney to represent you for one or more of the following reasons:

You haven't asked enough attorneys.
You present yourself and your case to them in a way that makes them think that they will have a hard time effectively representing you.
You want them to represent you on a contingency basis, but they don't think it's a good case for that (perhaps because they don't think you have a good case at all and/or because they don't think they can recover more than what it would cost them to represent you).
You aren't willing to pay them what it would cost to represent you. (Yeah, that sucks, but lawyers cost money, and in your case they likely cost more than you can recover).