• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Police misconduct

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

zolf

Junior Member
What is the name of your state (only U.S. law)? PA
I was victim of an assault. Police responded, took information, told me that perpetrator would be cited with disorderly and harrassment. Went to get police report, no report with my name exists in files. Report describing incident is there but does not include my name. Also, said citations were never issued. As a result, I cannot obtain report to pursue criminally or civilly. Contacted mayor who started off to be helpful but shut me down when I mentioned contacting state AG. Contacted state AG and was referred to local jurisdiction court. No help. They referred me to county DA. Contacted DA by cert mail and requested assistance. No reply. Spoke to ADA who said she could get report but no further correspondence. Called 4 times, no response. I want to pursue action against perpetrator and possibly PD for misconduct. Anyone have any idea what I can do at this point?Thttps://forum.freeadvice.com/newthread.php?do=newthread&f=4.
 


xylene

Senior Member
Clearly, you need to get your own lawyer involved since you intend to pursue a civil lawsuit.
 

CdwJava

Senior Member
There is no way for you to force the police to take a report or present it to the DA for prosecution. Apparently they either messed up and did not make the report, or they decided that what happened was not criminal or worth pursuing. Perhaps he wanted to also charge you with some sort of assault as well?

If you hire an attorney and file a civil suit, you can compel disclosure of reports or documents through subpoena. However, unless your damages were serious, it will likely cost you more for the attorney than any what you might receive for any potential award.
 

Trickster

Member
I suggest that you place no emphasis upon a police report. If you had 40 of them you couldn't use a single one in court because it is "hearsay". If you have the name of the person just go swear a criminal summons or swear out an arrest warrant (if your state provides for that) and have him served. If you want to file a lawsuit then be ready to pay an attorney. Naturally, you will have to pay a 4 digit retainer and then be billed billable hours that you need to stay on top of due to the fact of it being so hard to discovery "padding the bill". If your facts are simple or pretty much clear cut to prove your case then file a civil action yourself. Go to your local courthouse and request a copy, any copy of a similar lawsuit and use it as a template. But a police report isn't worth anything. If you need to know what the officer said or did you can always mandate him answer any questions in interrogatories, request for admissions, deposition and if a trial happens, his testifying on a witness stand.

Lastly, if you feel that a public official has a duty to do something and they ignore and/or refuse to perform that duty then you can very easily file a Petition for a Writ of Mandamus against the official. I made a judge mad at me by using this same tactic. Sure, he may have gotten PO'd but I forced him to act or else. He straightened up and did his duty within 45 days of the filing of the petition.
 

CdwJava

Senior Member
Of course, a deposition costs more money - as well as having to pay the officer for his time (often at overtime rates).

And enforcement of the law is a political decision, rarely a mandated legal one. No law likely compels the police to take a report on a minor assault, nor does it require the police to send it to the DA nor would it require the DA to pursue it.

A pricey civil suit is about the only real option, it seems, and unless the OP has some pretty extensive damages such a suit is just not likely.
 

tranquility

Senior Member
While depositions cost money, paying the officer for his time is not a part of it.

What are you saying CdwJava? Do you mean we need to pay a cop for his testimony?
 

CdwJava

Senior Member
While depositions cost money, paying the officer for his time is not a part of it.

What are you saying CdwJava? Do you mean we need to pay a cop for his testimony?
Depending on state law, yes. Here, depending on the type of action, if he had been acting in his capacity as an officer you don't get to depose the officer as a witness in a civil case here without compensating his agency - generally a deposit for 2 to 4 hours at time and a half.

In a criminal case, no ... well, we all do, but not the defendant.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top