The police STOLE my cell phone and used it to make personal calls and I have PROOF...

[Sachmosis]

What is the name of your state (only U.S. law)? California
My cell phone and my fiance's cell phone were both stolen by a police officer - they were NOT entered as evidence in our case - and my phone was used continuously over a 4 day period racking up 135 minutes over my allowed minutes for the month, there were 4 pages of data downloads that were made, and I don't have a data plan on my account, and page after page of text messages - that were not to any of my contacts... they were all to numbers I have never seen before in my life. I spoke with the watch commander at the police station and brought this all to his attention and he asked the deputies about it, and they admitted that they had the phones in their possession, but then they said they ~don't know what happened to them~ however, one of the phone calls that was made on my phone just happened to be to their stations dispatch - and that was halfway down the page of phone calls - not at the beginning, so the police officer is obviously the one who had been using my phone. My phone was a $239.99 phone, my fiance's phone was a $399.99 phone, my phone bill came out to $200.11, and I had a 16GB memory card in my phone which cost $49.99 and he had one which was 32GB, which cost $79.99. I want to be compensated for these costs and I would also like the police officer who took them to get some kind of punishment - how can he be held responsible for serving justice when he is nothing but a common criminal himself? But I can't find any lawyers who want to take this case, and I think that's BS. I mean, I have PROOF that all of this happened! The police officer even ADMITTED that he had the phones! How would I possibly lose this case?

 

[Zigner]

Your first step is to file a claim with the agency and/or the municipality that controls the agency.

ETA: This MUST be done before you can even file a lawsuit in court. And you have a short amount of time to do it - 6 months from when this occurred.

 

[Sachmosis]

Your first step is to file a claim with the agency and/or the municipality that controls the agency.

ETA: This MUST be done before you can even file a lawsuit in court. And you have a short amount of time to do it - 6 months from when this occurred.

Okay, that is what I am in the process of doing right now. However, I'm not quite sure how to word it in order for it to be received well... does that make sense? But so you are saying I have to file the claim before seeking an attorney? And then if they don't honor the claim, then i sue them? I just want to make sure I am understanding what you wrote.

 

[Zigner]

Okay, that is what I am in the process of doing right now. However, I'm not quite sure how to word it in order for it to be received well... does that make sense? But so you are saying I have to file the claim before seeking an attorney? And then if they don't honor the claim, then i sue them? I just want to make sure I am understanding what you wrote.

You have to file the claim and have it denied BEFORE you may sue them. There is nothing preventing you from consulting with an attorney, but those costs are not recoverable. It's probably not worth retaining an attorney.

And, with the admission of the officer(s), you may find that your claim is paid outright.

Oh, to be clear, you won't receive the full value of the phones. And, 32gig memory cards can be had for around $20...don't expect $80 from that.

 

[Sachmosis]

You have to file the claim and have it denied BEFORE you may sue them. There is nothing preventing you from consulting with an attorney, but those costs are not recoverable. It's probably not worth retaining an attorney.

And, with the admission of the officer(s), you may find that your claim is paid outright.

Oh, to be clear, you won't receive the full value of the phones. And, 32gig memory cards can be had for around $20...don't expect $80 from that.

Really? Crap. ~ * sigh * ~ Do you think that the officer will be reprimanded in any way, or anything? It's not even the money so much that I'm concerned with... I just feel that was so unethical for him to do... I mean, if I stole someone's cell phone and got caught with it (or caught using it) - they'd throw me in jail!

 

[Zigner]

Really? Crap. ~ * sigh * ~ Do you think that the officer will be reprimanded in any way, or anything? It's not even the money so much that I'm concerned with... I just feel that was so unethical for him to do... I mean, if I stole someone's cell phone and got caught with it (or caught using it) - they'd throw me in jail!

You can file a complaint against the officers involved. You likely won't be privy to any disciplinary actions.

 

[Sachmosis]

You can file a complaint against the officers involved. You likely won't be privy to any disciplinary actions.

Okay, well thank you for your help. I appreciate it.

 

[Zigner]

Okay, well thank you for your help. I appreciate it.

No problem - hope it works out.

 

[Willlyjo]

Really? Crap. ~ * sigh * ~ Do you think that the officer will be reprimanded in any way, or anything? It's not even the money so much that I'm concerned with... I just feel that was so unethical for him to do... I mean, if I stole someone's cell phone and got caught with it (or caught using it) - they'd throw me in jail!

If I were you, I'd do as Zigner says and when / if your claim is denied, I'd take them to small claims court asking for as much as possible. You should also contact the media (Newspaper, radio stations televison news programs) and show them any documentation supporting your claims against the cops who 'stole' your cell phones. They may be interested in doing a story on it. Such public scrutiny of illegal practices done by the police might incite public outrage (as well it should) allowing steps to be taken to alieviate such illegal activities such as that you were a victim of.

 

[justalayman]

My cell phone and my fiance's cell phone were both stolen by a police officer - they were NOT entered as evidence in our case -

did the phone even make it to the jail detainees property room? or did the cop simply take them from you when you were arrested and never turn them in as your property?

It can make a difference as to what actions you take.

 

[latigo]

Okay, well thank you for your help. I appreciate it.

You may re think “thank you” - once you’ve entered the labyrinth of California’s Tort Claims Act (Cal Gov’t Code Sections 900 et seq.)

It is not for the weak at heart and has no Yellow Brick Road leading you to the purser. My guess is that when you see that maze you’ll drop the lawsuit quicker than a Scott Adam’s "cheetah leaves a salad bar".
___________

Trivia: Speaking of stolen cell phones.

Doug a friend of mine had just returned a rental to a national rental car agency when he discovered that he that had left his cell on the front seat of the rental.

In less than 15 minutes he was back in the office to retrieve his telephone. The office manager went out back to return and to say that the car had been washed, vacuumed and placed on line and no phone had been found.

Doug insisted that he speak to the employees that had cleaned the car, so they were called to the front office.

While they were adamantly denying any knowledge of the cell’s whereabouts it started to ring (a very distinct and disgusting donkey braying) where it was concealed from sight but not sound in one of the workman's pants pocket.

“Do you mind if I answer my phone”, said Doug.

Accordng to Doug the guy just shrugged, handed him his phone and went back to work.

Lesson: If you steal someone’s cell phone, put it on mute. You don’t want to be taking any incoming calls anyhow!

 

[Proseguru]

Why can you not sue the cops personally under 42 USC 1983?

 

[CdwJava]

Why can you not sue the cops personally under 42 USC 1983?

Who said you cannot? The agency will generally indemnify them, but you can certainly name them in a lawsuit.

And, you would have to identify what right, privilege or immunity was violated.

42 USC 1983

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.​

 

[latigo]

Who said you cannot (sue the cops personally under 42 USC l983)? The agency will generally indemnify them, but you can certainly name them in a lawsuit.
And, you would have to identify what right, privilege or immunity was violated.

42 USC 1983

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.​

If you please, a couple of questions about Section l983 litigation.

Your response suggests that the OP has grounds to bring a Section l983 action against both the officers allegedly responsible for the theft of the cell phone and the California political subdivision or state agency with whom they were employed.

1. Do you know of any case or statutory law by which a theft or destruction of personal property by a police officer is said to rise to the level of the violation of the owner’s constitutional rights and/or a specific federal statutory right such as to support section l983 litigation?

2. What argument could the OP make under the circumstances provided that the actions of the officers were done under “color of law, custom or usage”?

3. How could the OP avoid a motion to dismiss by the state agency (or a demurrer if filed in a California superior court) on the grounds that such a defendant is not a “person” as used in that section of the United States Code?

4. Please explain your statement that if the cops are sued, the state agency/employer “will generally indemnify them”.

5. If the OP were to recover a judgment against the cops for the theft of his personal property – regardless of whether it resulted from a statutory cause of action under Section l983 or a common law cause of a action for an intentional tort - what basis in law could the cops claim the right of indemnification from their employer?