I believe I was incorrectly handled by an officer

[Jasmom1]

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

 

[Jasmom1]

what happened

I live in Bradford county Florida but take my children to lake butler every morning. Their father lives in down town lake butler and I share his mailing address so they have been permitted to attend the school. Anyway I took my five year old to school and her teacher and I discuss her eyes seeming a little red and resembling pink eye so I took her to the nurses station before leaving to be sure it wasn't just the case of sleepy eyes and to insure her and excused absence. They also said it could be either or but to be safe get it check so we proceeded to leave. As I was coming up to my car I observed one of the custodians for my child's school locking the gates where my car was parked. I then politely asked her if she could hold off a few moments because I was obviously needing to get out the gate. It's the only way out of the parking lot I that I was in. So in response she began talking in Ebonics and telling me I knew damn well the gates were locked at 8:10 and so forth and so on. She is black and I am native American. If you spoke to anyone who knows me none of them would say I was a person of hate or discrimination. The exact opposite actually, but for whatever reason I allowed her racial slurs to get the best of me and reacted like an ignorant fool by saying racist things right back. All this took place at an elementary school which makes it that much worse. Now this is where I feel I was wronged in every way. The officer at the school pulled up as I was�exiting the gate. I stopped the car and stepped out and waited for him. I began to try and speak to him but he told me to shut my mouth and yanked me by my upper right arm to the back of the vehicle and then slammed me against the car saying "if I didn't shut my mouth he would forget my kid was in the car" now he proceeds to take statements from everyone but me and asks me "do you have anyone to come get your kid, your ass is going to jail" and when I tried to respond again told me to shut up before he made me shut up. He came to explain that I was being charged with simple assault and for disorderly conduct at a school and that it was the same as being arrested but he just wasn't wasting the time on taking me in. I was never mirandized but told I was being the equivalent of being arrested and never permitted to write any statement, but she had witnesses that were not even there until the end of the argument and missed her antagonizing it from the beginning. When I apologized and thanked the officer for not putting me in cuffs in front of my daughter and mentioned how embarrassed i was and would never just act like that he again responded aggressively saying "well that's not true if it? You've had child neglect charges against you" which I responded saying heck no I don't. My parents did and I had to corporate and help with the case against them but I have never been charged with any type of neglect!! That statement in itself was wrong and unnecessary and he had no clue what he was talking about in the first place. It was absolutely ridiculous and the other lady that worked at the school skated off free and clear. Do I have any rights here. I want to sue. I've been banned from the school and have charges against me now and she isn't being held�culpable at all.

 

[Zigner]

I live in Bradford county Florida but take my children to lake butler every morning. Their father lives in down town lake butler and I share his mailing address so they have been permitted to attend the school. Anyway I took my five year old to school and her teacher and I discuss her eyes seeming a little red and resembling pink eye so I took her to the nurses station before leaving to be sure it wasn't just the case of sleepy eyes and to insure her and excused absence. They also said it could be either or but to be safe get it check so we proceeded to leave. As I was coming up to my car I observed one of the custodians for my child's school locking the gates where my car was parked. I then politely asked her if she could hold off a few moments because I was obviously needing to get out the gate. It's the only way out of the parking lot I that I was in. So in response she began talking in Ebonics and telling me I knew damn well the gates were locked at 8:10 and so forth and so on. She is black and I am native American. If you spoke to anyone who knows me none of them would say I was a person of hate or discrimination. The exact opposite actually, but for whatever reason I allowed her racial slurs to get the best of me and reacted like an ignorant fool by saying racist things right back. All this took place at an elementary school which makes it that much worse. Now this is where I feel I was wronged in every way. The officer at the school pulled up as I was�exiting the gate. I stopped the car and stepped out and waited for him. I began to try and speak to him but he told me to shut my mouth and yanked me by my upper right arm to the back of the vehicle and then slammed me against the car saying "if I didn't shut my mouth he would forget my kid was in the car" now he proceeds to take statements from everyone but me and asks me "do you have anyone to come get your kid, your ass is going to jail" and when I tried to respond again told me to shut up before he made me shut up. He came to explain that I was being charged with simple assault and for disorderly conduct at a school and that it was the same as being arrested but he just wasn't wasting the time on taking me in. I was never mirandized but told I was being the equivalent of being arrested and never permitted to write any statement, but she had witnesses that were not even there until the end of the argument and missed her antagonizing it from the beginning. When I apologized and thanked the officer for not putting me in cuffs in front of my daughter and mentioned how embarrassed i was and would never just act like that he again responded aggressively saying "well that's not true if it? You've had child neglect charges against you" which I responded saying heck no I don't. My parents did and I had to corporate and help with the case against them but I have never been charged with any type of neglect!! That statement in itself was wrong and unnecessary and he had no clue what he was talking about in the first place. It was absolutely ridiculous and the other lady that worked at the school skated off free and clear. Do I have any rights here. I want to sue. I've been banned from the school and have charges against me now and she isn't being held�culpable at all.

You're lucky that your actions didn't rise to the level of a terroristic threat (that's how things can be perceived in this day and age.) Oh - hire an attorney to assist you with your criminal charges.

 

[Ohiogal]

I live in Bradford county Florida but take my children to lake butler every morning. Their father lives in down town lake butler and I share his mailing address so they have been permitted to attend the school. Anyway I took my five year old to school and her teacher and I discuss her eyes seeming a little red and resembling pink eye so I took her to the nurses station before leaving to be sure it wasn't just the case of sleepy eyes and to insure her and excused absence. They also said it could be either or but to be safe get it check so we proceeded to leave. As I was coming up to my car I observed one of the custodians for my child's school locking the gates where my car was parked. I then politely asked her if she could hold off a few moments because I was obviously needing to get out the gate. It's the only way out of the parking lot I that I was in. So in response she began talking in Ebonics and telling me I knew damn well the gates were locked at 8:10 and so forth and so on. She is black and I am native American. If you spoke to anyone who knows me none of them would say I was a person of hate or discrimination. The exact opposite actually, but for whatever reason I allowed her racial slurs to get the best of me and reacted like an ignorant fool by saying racist things right back. All this took place at an elementary school which makes it that much worse. Now this is where I feel I was wronged in every way. The officer at the school pulled up as I was�exiting the gate. I stopped the car and stepped out and waited for him. I began to try and speak to him but he told me to shut my mouth and yanked me by my upper right arm to the back of the vehicle and then slammed me against the car saying "if I didn't shut my mouth he would forget my kid was in the car" now he proceeds to take statements from everyone but me and asks me "do you have anyone to come get your kid, your ass is going to jail" and when I tried to respond again told me to shut up before he made me shut up. He came to explain that I was being charged with simple assault and for disorderly conduct at a school and that it was the same as being arrested but he just wasn't wasting the time on taking me in. I was never mirandized but told I was being the equivalent of being arrested and never permitted to write any statement, but she had witnesses that were not even there until the end of the argument and missed her antagonizing it from the beginning. When I apologized and thanked the officer for not putting me in cuffs in front of my daughter and mentioned how embarrassed i was and would never just act like that he again responded aggressively saying "well that's not true if it? You've had child neglect charges against you" which I responded saying heck no I don't. My parents did and I had to corporate and help with the case against them but I have never been charged with any type of neglect!! That statement in itself was wrong and unnecessary and he had no clue what he was talking about in the first place. It was absolutely ridiculous and the other lady that worked at the school skated off free and clear. Do I have any rights here. I want to sue. I've been banned from the school and have charges against me now and she isn't being held�culpable at all.

What racial slurs did she say to you? Ebonics are not racial slurs. You acted inappropriately. If you are not a person of hate or discrimination, you would NOT have responded with racial slurs.

 

[quincy]

... She is black and I am native American. If you spoke to anyone who knows me none of them would say I was a person of hate or discrimination. ... Do I have any rights here. I want to sue. I've been banned from the school and have charges against me now ...

Had you not added the unnecessary adjectives and proclaimed you were not a person of hate or discrimination, it would have been easier to evaluate your legal concern to determine if what occurred at the school could support a lawsuit. Unfortunately, the way you identified the players in this incident obscures the facts and makes me think that all is not as you say.

All facts, including witness statements, will need to be personally reviewed by an attorney in your area. Because you will want to hire an attorney to assist you with the simple assault and disorderly conduct charges, you can ask this attorney if there is any civil action you can pursue.


Links to the laws under which I assume you were charged:

Disorderly Conduct, Fla Stat 877.03: http://www.flsenate.gov/Laws/Statutes/2012/877.03

Assault, Fla Stat 784.011: https://www.flsenate.gov/Laws/Statutes/2012/784.011

 

[Jasmom1]

a lot

She called me a white cracker bitch and told me she'd shut my big mouth for me before I ever reacted besides telling her to do her job and open the gate

 

[Jasmom1]

I understand

I completely understand your saying not to add the "personal adjectives" but in this case the personal adjectives do apply. I did not make the situation about race but was accused of calling her racial slurs but only after being called a cracker and white bitch did I make the comments. I made a comment about her supposedly being a professional and speaking to me in Ebonics also. No I am not saying I was right and I should have just gone to the office and gotten her fired but I foolishly allowed myself to be drawn into an argument. I do not believe I was wrongfully charged I believe I was widely wrongfully handled and that she too should be facing equal charges

 

[Jasmom1]

?

It's funny that all any of you care about is the racist slurs.... Have any of you read my full statement? The lady first made hateful racist remarks to me and I ignorantly did the same but the case isn't about race that was just what provoked the argument. The point is she and I are both guilty of disorderly conduct and for threatening one another so why is it she walks away Scott free and I've been charged??

 

[Zigner]

It's funny that all any of you care about is the racist slurs.... Have any of you read my full statement? The lady first made hateful racist remarks to me and I ignorantly did the same but the case isn't about race that was just what provoked the argument. The point is she and I are both guilty of disorderly conduct and for threatening one another so why is it she walks away Scott free and I've been charged??

It's unwise to make comments towards school officials that could be considered as threatening. It ranks right up there with threatening airline personnel.

 

[Ohiogal]

I completely understand your saying not to add the "personal adjectives" but in this case the personal adjectives do apply. I did not make the situation about race but was accused of calling her racial slurs but only after being called a cracker and white bitch did I make the comments. I made a comment about her supposedly being a professional and speaking to me in Ebonics also. No I am not saying I was right and I should have just gone to the office and gotten her fired but I foolishly allowed myself to be drawn into an argument. I do not believe I was wrongfully charged I believe I was widely wrongfully handled and that she too should be facing equal charges

The police can choose to charge who they want to charge. YOU escalated the situation and were not an employee -- legally you had no rights to be on school grounds. You were not wrongfully "handled".

 

[quincy]

I completely understand your saying not to add the "personal adjectives" but in this case the personal adjectives do apply. I did not make the situation about race but was accused of calling her racial slurs but only after being called a cracker and white bitch did I make the comments. I made a comment about her supposedly being a professional and speaking to me in Ebonics also. No I am not saying I was right and I should have just gone to the office and gotten her fired but I foolishly allowed myself to be drawn into an argument. I do not believe I was wrongfully charged I believe I was widely wrongfully handled and that she too should be facing equal charges

It is possible that you could get the charges reduced or dismissed but an attorney in your area will want to review the facts.

Because you are banned from the school premises, it is likely you will never learn what (if anything) the school and/or the police decide to do with the woman from the school who was involved in the incident.

I would concentrate on getting an attorney to help you with a defense to the charges against you.

 

[Ohiogal]

It's funny that all any of you care about is the racist slurs.... Have any of you read my full statement? The lady first made hateful racist remarks to me and I ignorantly did the same but the case isn't about race that was just what provoked the argument. The point is she and I are both guilty of disorderly conduct and for threatening one another so why is it she walks away Scott free and I've been charged??

If it was not about race then you would NOT have made that a point and you wouldn't have brought up Ebonics. No, you are not both guilty of disorderly conduct. She walks away because she had a reason to be there -- i.e. employed. You were a trespasser there by the grace of the school.

 

[Jasmom1]

?

Are you actually an attorney because I plainly stated what I was being charged with. The problem is there was two people arguing. The lady we are talking about first made threatening and racist comments to me but immediately played victim when she seen another person. They cop had no right to useforce against me because Iwas completely cooperating with him and was not being belligerent with him in any way.

 

[Zigner]

Are you actually an attorney because I plainly stated what I was being charged with. The problem is there was two people arguing. The lady we are talking about first made threatening and racist comments to me but immediately played victim when she seen another person. They cop had no right to useforce against me because Iwas completely cooperating with him and was not being belligerent with him in any way.

Please contact an attorney for assistance with your criminal charges.

 

[quincy]

Are you actually an attorney because I plainly stated what I was being charged with. The problem is there was two people arguing. The lady we are talking about first made threatening and racist comments to me but immediately played victim when she seen another person. They cop had no right to useforce against me because Iwas completely cooperating with him and was not being belligerent with him in any way.

Two people were arguing and you were charged with disorderly conduct and simple assault. If you believe the charges are unwarranted, the attorney you hire will try to get them reduced or dismissed.

That said, leave out the fact that the woman was black and that you are a Native American. THIS MAKES NO DIFFERENCE! Words are (generally) not chargeable offenses unless the are accompanied by actions so it is the conduct that needs to be explored. When you speak to your attorney, don't confuse the issue by throwing in irrelevant facts.