Police Violate Civil Rights...again

[zeegna32]

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

"Peter" and his friend "Roy" were attacked in their hotel room by cops in FL. This was supposedly because Roy elbowed a waitress on the way out of the bar. Bouncer and Roy exchanged words in a display of "quien es mas macho." Bouncer chased victims to hotel room and demanded entry to room while cursing and pounding on door. Victims would not let them in and eventually called cops. Cops came busting through the door as the call was being made and immediately punched Peter in face, took him down and continued to punch in Peter's face. Roy was tackled and tased twice. Victims asked why they were being attacked/arrested and informed cops they were military and had done nothing wrong. They were beaten harder, dragged down the hall (uncuffed), punched more, then arrested. They were both charged with three felonies and one misdemeanor. Cops claim Roy punched cops in the chest on the street and they were in "hot pursuit," thus justifying busting into the room.

Victims hired attorney. Attorney totally believed victims and arranged for a meeting with the prosecutors. Victims flew to FL to meet with DA. DA believed them and got his boss to meet with victims. Victims met with boss. She believed them too, but DAs were apprehensive to not file charges because of a possible civil suit by victims. According to dirty lawyer, they expressed this verbally. Dirty lawyer offers DAs a deal without victims being present or consulted. He offers that victims will sign "civil release of liability" and will withdraw their complaint with internal affairs in exchange for not pressing charges. Scumbag lawyer presents deal to victims and they flip out. They are so angry and feel violated.

Charges are never filed. Case is closed on file. Two weeks later, dirty lawyer sends victims release letters with no mention of DA or himself (of course) in the letters. After much agony, and fearing for their military careers, both victims sign the releases for fear that if they do not, the corrupt system in FL will bring forth charges and ruin their lives. Neither had a previous criminal record. Both have stellar military records.

Victims do not want any blood money from FL or the corrupt police department, but do want to file a complaint with the FBI for "color of law" civil rights violations. If nothing becomes of that (it is likely that nothing will), victims want to go to the media. Do either of these actions violate the "civil realease of liability"?

Any advice is much appreciated.

 

[justalayman]

well, since we haven't read the release, we cannot make a call on that but I would suggest the the release included all actions against the municipality.

the problem I see is they did sign the release. They could have refused to.

Dirty lawyer offers DAs a deal without victims being present or consulted. He offers that victims will sign "civil release of liability" and will withdraw their complaint with internal affairs in exchange for not pressing charges.

why is it a dirty lawyer for offering this? He did not commit them to it. They did when they signed it.

 

[zeegna32]

You're right, they could have not signed it and trusted the corrupt system to see right through what the cops and DA did.

He is a dirty lawyer because he garnered the victims' confidence; he told them he would NOT make any deals since he knew they were innocent. He knew how scared they were; how vulnerable they were, and acted like he was on their side the whole time.

Here is the release:


"GENERAL RELEASE

Know All Men By These Presents:

That I, XXXXXXXXX,
(I, We)

first party, for and in consideration of the Nolle Prosse and Dismissal of my criminal case styled State of Florida v. XXXXXXXX, Case No.: 123456, and or other valuable considerations, received from or behalf of the XXXXXXX Police Department, and any and all police officers in its employ at the time of my arrest, including but not limited to, Officer XXXXXXX,



second party, the receipt whereof is hereby acknowledge.
(Whenever used the terms “first party” and “second party” shall include singular and plural, heirs, legal representative and assigns of individual and the successors and assigns of corporations, whomever the context so admits or requires.)

HEREBY remise, release, acquit, satisfy, and forever discharge the said second party, of and from all, and all manner action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckoning, bond, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said first party ever had, now has, or which any personal representative, successor heir or assign of said first party, hereafter can, shall or may have, against said second party, for, upon or by reason of any matter, cause or thing whatsoever, including the detention and arrest of the first party under Police Case No. XXXXXXX, from the beginning of the world to the day these presents."


Now, this is a "civil release of liability" so how can Federal charges be included?

 

[justalayman]

and where does the release limit the actions limited to local or state matters?

You're right, they could have not signed it and trusted the corrupt system to see right through what the cops and DA did.

He is a dirty lawyer because he garnered the victims' confidence; he told them he would NOT make any deals since he knew they were innocent. He knew how scared they were; how vulnerable they were, and acted like he was on their side the whole time.

then go back and tell the court you were coerced into singing the agreement. If you win, you can sue 'til your hearts content and they can preoscute and throw you in jail for whatever time the law allows.

don't hesitate. I would initiate this action ASAP. No sense in keeping the agreement you signed that would keep your ass out of jail and free from spending $10k on attorneys fees.

 

[zeegna32]

The point is that the victims do not want money. Do you not get it? They want justice, but they obviously cannot have that. So, they'll take the opportunity to put the world on notice. This happens everywhere: NY, CA, IL, FL....the more it is put on notice, eventually someone may have the balls to put an end to police corruption. Yes, they have a tough job, yes they have to deal with criminals. But they are so used to that, they forget to draw the line. They forget how to distinguish between criminals and law abiding citizens. Thank you for your open mind.

 

[justalayman]

then have them call the FBI and tell them the story and tell them to expect a visit from the police when they are going to be arrested since they would be violating their agreement and the courts would be free to prosecute them.

what do want? You don;t get to have it both ways. Either they risk the criminal charges and hope the officers get prosecuted or they leave things alone and lick their wounds and call it a day.

 

[zeegna32]

I'd like to see you just shut up and lick your wounds if it happened to you. Judging by your profile, you're not here to help, just instigate.

 

[justalayman]

Don't you get it??

research my answers I have given to folks and think about what you just wrote.

The problem is, you, along with so many others simply will not accept the truth of a situation. You always want to think there has to be some way around the laws.

well, there is and I gave it to you. If they want to risk going to jail, then they can take all the action they want. They do not get it both ways.

 

[Curt581]

OP, please generate the answer you want by circling the appropriate phrase which best fits your particular situation.



Dear ______________

Thank you for submitting your (question) (rant) (spam) (porn) regarding (your friend) (your ex) (your SO’s ex) (your boss) (your landlord) (the police) (Paris Hilton).

It is our unanimous opinion that you are (right) (damn right) and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).

In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are (offered a generous settlement) (given custody) (promoted) (released ROR) (declared step-parent of the year) while s/he is cast aside to suffer in squalor and shame because, by golly, that’s just how it should be.

Please proceed immediately with your proposed plan of action, which we think is (a good idea) (a really good idea) (sheer genius) (a lot better than what any licensed attorney could come up with.)

You rock.

Love,

Us

Credit to Clt747 as original "fill-in-the-blank answer" author

 

[zeegna32]

I and they are not the ones trying to "go around" the law. There's enough of that being done by cops, lawyers, DAs, and judges. You must be one of them. Going around the law includes beating two military members to a pulp for no reason, standing/hiding behind your badge because you were picked on as a child so you feel the need to make up for it by becoming a cop, and endangering the lives of numerous innocent civilians by your (their) misconduct.

 

[justalayman]

please refer to curts post.


You just don't get it. I abhor police that cross that line. The problem is to fight it, sometimes you have to take the risk of going to jail. That is just how it works sometimes. Since your friends were more worried about going to jail than they were with seeing that justice was done, things are where they are.

Don;t blame the system if the system offers yo uthe opportunity to do something but you refuse to do it because you do not want to risk losing.

tell those boys in the military that they should understand what I am saying. They are willing to risk their lives for our country. They needed to apply that willingness to this situation and fight for justice in the same manner. You don;t always win but if you sign a truce, then you are bound by that truce no matter how unfair you think it is now. Breaking the truce opens up the possibility the war will start anew.

btw; I am not a cop. Never been a cop. Not related to a cop. Never been related to a cop. Have given the cops my share of krap, and yes, at the risk of going to jail because of what I said. I did it because it was what I felt was the right thing to do and I was willing to be arrested to prove the point.

Happy now?

It's time to move on with life. Don;t let a couple of a-hole cops ruin your life anymore than they have. Believe it of not, they are not all like that.

 

[zeegna32]

Now I get it, but I didn't at first. You see, I serve too. I believed that if you did right, abided by the law, supported cops and the judicial system, you'd be ok. I hate that I serve this country for people like that. I have that I have given up my civil liberties just so they take take others' away. These military boys are my family. I see what they go through, the mental trauma, the nightmares, the pain. I damn those cops, the lawyer and those prosecutors. Justice will come. Karma's a b!tch and in war, everyone gets shot. They'll get their turn. In the meantime, my faith in the system, government, and justice will deteriorate. Now, I understand.

 

[jjoshua]

then have them call the FBI and tell them the story and tell them to expect a visit from the police when they are going to be arrested since they would be violating their agreement and the courts would be free to prosecute them.

what do want? You don;t get to have it both ways. Either they risk the criminal charges and hope the officers get prosecuted or they leave things alone and lick their wounds and call it a day.

I don't see how a criminal investigation by the FBI would be in violation of a civil release.

The FBI investigates crimes as they see fit. They are not bound by civil agreements.

 

[justalayman]

I don't see how a criminal investigation by the FBI would be in violation of a civil release.

The FBI investigates crimes as they see fit. They are not bound by civil agreements.

You have to file a complaint for them to investigate the charges. The release states they will "hold harmless" all the actors. Filing a complaint is not doing that.

HEREBY remise, release, acquit, satisfy, and forever discharge the said second party, of and from all, and all manner action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckoning, bond, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said first party ever had,

 

[jjoshua]

Public policy

You have to file a complaint for them to investigate the charges. The release states they will "hold harmless" all the actors. Filing a complaint is not doing that.

Wouldn't that be against public policy?