What is the name of your state? CA
Last August, my wife's ex-husband tried to fight me at a football game. He threw a 30 oz. soda with a lid on it and it struck my 18 month old daughter on the face. He then continued to attack my family. I defended my family physically and an off duty Deputy who is the suspects brother swung several times at the back of my head. My stepson, 19 yrs old, tried to stop the Deputy, who is his uncle, and the Deputy grabbed my stepson by the throat, trying to choke him. My daughter was taken to the ER via ambulance where she was treated for a contusion and concusion.
The local police arrived and the off duty Deputy tried to have me and my stepson arrested for assault, while he made no mention of arresting his own brother for assualting my daughter. The local police arrested my wife's ex and told the Deputy that if he arrested us, they would arrest him because he did infact assualt me and my stepson.
The following day, the Deputy filed an official police report with his department concerning the incident. The report he filed was not factual. He stated that we did not attempt to diffuse the situation when the local witnesses stated that my wife, my stepson and I all tried to get the suspect to go away. He also stated that my stepson tried to strike him for no reason. He stated that we made no attempt to walk away or call for help. Our cell phone records show that both my wife and I called 911 for assistance.
The incident occured because we left my 13 yr old stepson home from a football game because he wasn't behaving. The Deputy's report states that we inflicted unnecessary emotional abuse and mental torment on my stepson. While he states that his brother, the suspect "allegedly and inadvertently" assaulted our daughter. The Deputy stated that we are currently under investigation by Child Protective Services. We contacted CPS and they stated that there is NO investigation pending. He stated that there have been reports of child abuse and neglect. The Deputy stated that I kicked the cup from the suspects hand and that's how our daughter was injured.
The report states that NO victim statements, NO witness statements, NO evidence and NO additional information was obtained.
My question: Should we file a false police report against the Deputy and his department since he states that he was acting in an "official law enforcement capacity"? Also, should we hire an attorney and file a law suit against the Deputy and the department?
Last August, my wife's ex-husband tried to fight me at a football game. He threw a 30 oz. soda with a lid on it and it struck my 18 month old daughter on the face. He then continued to attack my family. I defended my family physically and an off duty Deputy who is the suspects brother swung several times at the back of my head. My stepson, 19 yrs old, tried to stop the Deputy, who is his uncle, and the Deputy grabbed my stepson by the throat, trying to choke him. My daughter was taken to the ER via ambulance where she was treated for a contusion and concusion.
The local police arrived and the off duty Deputy tried to have me and my stepson arrested for assault, while he made no mention of arresting his own brother for assualting my daughter. The local police arrested my wife's ex and told the Deputy that if he arrested us, they would arrest him because he did infact assualt me and my stepson.
The following day, the Deputy filed an official police report with his department concerning the incident. The report he filed was not factual. He stated that we did not attempt to diffuse the situation when the local witnesses stated that my wife, my stepson and I all tried to get the suspect to go away. He also stated that my stepson tried to strike him for no reason. He stated that we made no attempt to walk away or call for help. Our cell phone records show that both my wife and I called 911 for assistance.
The incident occured because we left my 13 yr old stepson home from a football game because he wasn't behaving. The Deputy's report states that we inflicted unnecessary emotional abuse and mental torment on my stepson. While he states that his brother, the suspect "allegedly and inadvertently" assaulted our daughter. The Deputy stated that we are currently under investigation by Child Protective Services. We contacted CPS and they stated that there is NO investigation pending. He stated that there have been reports of child abuse and neglect. The Deputy stated that I kicked the cup from the suspects hand and that's how our daughter was injured.
The report states that NO victim statements, NO witness statements, NO evidence and NO additional information was obtained.
My question: Should we file a false police report against the Deputy and his department since he states that he was acting in an "official law enforcement capacity"? Also, should we hire an attorney and file a law suit against the Deputy and the department?