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Can I sue a Police Department

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Chris C

Junior Member
What is the name of your state? New Hampshire

Approximately 2 years ago my son who was 15 was accused (but not arrested) for spray painting grafetti on the park across the street from our house. After the 3rd and final visit from a local cop who decided to interigate him while we weren't home I got my lawyer to put a stop to it. We never heard another word.

Now my son (who is now 17) was arrested for simple assault. Again he didn't have any involvelment and again I will have to get my lawyer involved.

My question is, do we have any recourse for this incompitent police department who obviously has something against my kid?

I'm in New Hampshire.

Chris CWhat is the name of your state?
 


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panther10758

Member
Wrong concern

I would be more concerned on who your child is spending his time with and what he is doing! You have a probalem here! He was "caught" (your words) spray painting and involved (present) at an assault! Whats next get away driver for a Bank Heist!! You have bigger worries than sueing Police! They conducted an investigation and questioned your son that was legal. Long as he is NOT arrested they can question him. You want to sue Police for what!? Doing their job! They went to "crime scenes" that YOUR son was present at!! If its not already too late I would spend time finding out what your son is doing than worrying about Police doing their job!
 
CdwJava

CdwJava

Senior Member
The burden of proof for an arrest is rather minimal. The police only need probable cause to believe a crime was committed and that the person arrested committed the crime. They do not need absolute proof, only a strong likelihood.

Suing the police would be a waste of time and money unless you can somehow show that they intentionally arrested him KNOWING FULL WELL that he was not involved. I doubt that can be accomplished even on the remote chance it were true.

- Carl
 
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Chris C

Junior Member
In response to panther10758. He was not caught spray painting anything! Because we live accross the street from the park they found him to be an easy target. They only had a few punk kids say they saw him down there. Well duh, he lives accross the street. Once we got our lawyer to punch the dept in the mouth did they leave him alone. They eventually caught the real criminal. And the manor in which they questioned him was interigating him at my house without my knowing. He was 15, whether this was legal or not I don't know, but I will not stand for it. And this alleged assault is just as bogus. So again I will have to pay up the but for my lawyer to get this Dept off his back. This is why I want to sue them, for harrasment of my kid. The investigatin officer off this alleged assault did not fully investigate this crime. He got a name from some kid who knows another kid, and that was it, he arrested him. My son has alibies that don't put him at the scene of the crim. This is my distain for this police dept.

Chris C
 
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panther10758

Member
So your son just "happen" to be a two seperate crime scenes and there are even witinesses that say so! But of course hes your baby boy and can do no wrong! Listen it sounds like you have issues with your son that are causing you to take action that will only increase this negative behavior! Living across the street is NOT an alibi! Perhaps they dropped it because it wasnt worth the effort with a parent enabling a child! Living accross street is NOT an alibi its an excuse far as asault again he was present you have no alibi for that. Yes get him Lawyer but you also need him to own up for wrong behavior even if its just watching who he hangs out with! Why was he present at these two crimes? Were these persons known to your son? I am sorry if it were my child I would at the very least want to know why he was there. Too many questions your avoiding and your son may suffer as result! If he had even the smallest involvement and you as a parent cover for him you could be creating a career criminal! IMHO
 
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Chris C

Junior Member
This is the point, he wasn't present at either of the events. The park vandal thing could of happened anytime, the cops didn't know exactly when it happened. They were beinig pressured by the town selectman who just spent alot of money fixing the place up so the cops looked for a fall guy. Besides, as I already stated, they did caatch the REAL vandal. This assault thing, he was at school waiting for the bus when it happened.

You may think me to be naive, this is irrelivant. I may be, I maybe not. The point here is that someone needs to pay for these premature allegations, and especially this premature arrest. Because now, even if he is aquited which he will be, (heck I don't even think there will be a trial) whenever he fills out an application for employment he has to answer yest to "have you ever been arrested". Never mind the anxiety and stress they have put on this family.

Someone has to be held responsible for this inept police work.

CC
 
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panther10758

Member
We could go back and forth all day over this he was there he wasnt etc etc. If I were your son parent I would place my focus on parenting my child instead of chasing $$ over alledged Police harassment! If your son is that good and well behaved how is he present or named in two crime scenes and he was seen by what you say (your view only) unreliable witinesses. I am not saying your right or wrong just my view and my concern is for your son and how you "may be" enabling him! I can agree to disgree with you on this point
 
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Chris C

Junior Member
Your right we could go back and forth all day, so lets stop here and go to the original question of the post. Can I sue the police station for continiuous harrasment. Regardless of whether you think it is warranted or not. Can I? That is my question.

I will take note of your concerns about my parenting skills and myself, his Psychologist, and his mother will discuss this. Thank you for your concerns.

Now sit back for a moment and think if you were this boys parent and he was proven to be correct on the first instance, and now he says he is innocent on the 2nd. What would you do? Would you continue to let the police harras him, or would you reprimand him?

Again, can I sue the Police Department?

CC
 
stealth2

stealth2

Under the Radar Member
grieving sister said:
how would you know he was'nt involved? you were'nt there. your son is headed for a police record if you dont start keeping a tighter reign on him.
Click to expand...
Kelly - you really need to start looking after your own family issues instead of blasting others.
 
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BelizeBreeze

Senior Member
In answer to the original question, yes, you CAN sue the police department.

As to whether or not you'll find an attorney to handle the case, HIGHLY doubtful unless you have $5,000 for a retainer then every single attorney with ethics will send you packing.

You CAN sue just about anyone for just about anything. Whether or not the court will waste their time on such a case as you've outlined here is very improbably.
 
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