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False Arrest Suit

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FlyingRon

Senior Member
What is the difference between self defense and retaliation?
Self defense is where you take an action to prevent injury to yourself or your property. Retaliation is when you do something to get back at someone else's action.

Please assume the perspective of one who has had the "neighbor from hell" move in. If your neighbor DRENCHED you with water and was whooping it up with his son and laughing and enjoying himself, what would you do?
That's retaliation. "He did it to me first" is not an acceptable defense. Didn't work for you when you were six, it won't now.
 


Shay-Pari'e

Senior Member
1. The DA concluded this matter with all parties in attendance shaking hands and my attorney said, after meeting with the DA then and there, that this was a "done deal." You're saying the DA is going to charge me. Please be clear.

2. I'm not sure if this is a legal or comedic forum. I assure you that the law, police and DA were serious and that I now have an arrest record.

3. I apologize to you if you think my natural reaction to defend myself was inane or, better yet, repulsive "retaliation." What is the difference between self defense and retaliation? Please assume the perspective of one who has had the "neighbor from hell" move in. If your neighbor DRENCHED you with water and was whooping it up with his son and laughing and enjoying himself, what would you do? Maybe some of you don't have the natural trigger of a set of balls. Maybe some of you have your current status solely by way of affirmative action having never been required to juxtapose your physical self against the natural world or prosecuted actual combat to the death, for example. You exist in the realm of the academic as the alligator chomps your arm off. To you it is a faux and mystical concept. Maybe some on this forum don't know what it means to have to pay the price. I didn't see any girls in line to be drafted and I didn't see any in Viet Nam. I see not the female form littering the field at Gettysburg. That must have been nice. Just move into the house that someone else built. But we digress. Please tell me a little bit about reacting to being battered, self defense or maybe temporary insanity generated by an incomprehensible, spontaneous and unprovoked attack by a psychotic neighbor. You all indicate that I should have simply stood there being drenched until he tired and was done. I've called the cops 10 times before and they consistently refuse to do anything about his deliberate harassment, even assault against my wife. Calling the cops was not a viable option. Calling the cops would have been an exercise in futility.

4. I don't know the collective foundation here, but above all else, this neighbor/cop should unequivocally NOT BE A "SWORN POLICE OFFICER." 7 YEARS of harassment and direct attacks are beyond the pale. The Officer Code of Ethics says, "I will keep my private life UNSULLIED as an example to all." Should he be a cop? You castigate the victim. Are you all "sworn police officers" here; or the spouses thereof? Do you mock the law, such as it is, before the court?

5. The neighbor/cop set me up. He entrapped. He sprayed or battered me, disappeared, then called for my (citizen's) arrest. On the part of a "sworn police officer," is that not a conspiracy (wife called police) to implicate another? I have 3 witnesses. The DA has all of the testimony and knows the truth.

I appreciate your feedback. Thank you.


WOW! Might I suggest some therapy?
 

Shay-Pari'e

Senior Member
johnmelissa...breathe deeply and then go watch Oprah.

You have no case....

If I may add to your comment,..,......Breath deeply and see how long you can hold your breath. Ask the neighbor to join you in a battle of holding your breath. Who ever holds it the longest, is the dumbest.

Problem solved.
 

CdwJava

Senior Member
Johnmelissa said:
1. The DA concluded this matter with all parties in attendance shaking hands and my attorney said, after meeting with the DA then and there, that this was a "done deal." You're saying the DA is going to charge me. Please be clear.
It's done ... apparently. However, that does not mean he cannot revive it if you ratchet things back up.

2. I'm not sure if this is a legal or comedic forum. I assure you that the law, police and DA were serious and that I now have an arrest record.
You can move to have an arrest record expunged. go to www.courtinfo.ca.gov for more info.

3. I apologize to you if you think my natural reaction to defend myself was inane or, better yet, repulsive "retaliation." What is the difference between self defense and retaliation?
Motive and necessity. Self defense is when you strike back to cease the assault or prevent further injury to yourself ... retaliation is when act out due to anger and a desire to get even.

If your neighbor DRENCHED you with water and was whooping it up with his son and laughing and enjoying himself, what would you do?
Assume he was an idiot. Then, maybe, call the police to make a citizen's arrest for battery. I might then consider video cameras if I couldn't reason with the guy.

Maybe some of you don't have the natural trigger of a set of balls.
Most of us don't allow ourselves to be ruled by our baser emotions. That's what drunks in bars do, that's what animals in the forest do, and that's what uncivilized brutes do.

Maybe some of you have your current status solely by way of affirmative action having never been required to juxtapose your physical self against the natural world or prosecuted actual combat to the death, for example.
Oh yeah ... that's it. :rolleyes:

Shot at, spat on, bit, punched, kicked, and insulted ... yeah, no idea.

You exist in the realm of the academic as the alligator chomps your arm off.
The realm of the Academic?!? Uh ... yeah. Not me, brother ... not me. I get my hands dirty every day for people other than those I know ... how about you?

I see not the female form littering the field at Gettysburg.
You didn't look hard enough ... there WERE female causalties at Gettysburg as there were in Vietnam.

You all indicate that I should have simply stood there being drenched until he tired and was done.
I don't know about you, but if it was a hot day, I'd have appreciated it. if not, then I could have easily stepped out of the way and called the cops.

I've called the cops 10 times before and they consistently refuse to do anything about his deliberate harassment, even assault against my wife. Calling the cops was not a viable option. Calling the cops would have been an exercise in futility.
Sounds like you needed to go up the food chain if the grunts weren't interested in doing anything.

4. I don't know the collective foundation here, but above all else, this neighbor/cop should unequivocally NOT BE A "SWORN POLICE OFFICER."
I do not think anyone here has said that what the neighbor is doing is right. I'm sure not. But as the saying goes, "Two wrongs don't make a right."

Maybe he shouldn't be a cop ... I don't know. But I venture to guess that his account of events will be opposite of yours.

Are you all "sworn police officers" here; or the spouses thereof? Do you mock the law, such as it is, before the court?
I'm one of only two regular posters that is currently sworn. There are a couple of others that used to be, and several who have loved ones who are sworn officers. Many others are attorneys and thus KNOW officers.

Suggestion: Consult an attorney and see about a civil suit against the neighbor.


- Carl
 

Silverplum

Senior Member
Keep your danged snow in Colorado!

If this global warming gets any worse, I will freeze to death!
*sniffle!* :p
The local weathercasters were predicting a foot of snow for the Denver area today. We got nothin'. One station has even printed an explanation of how they went wrong. :rolleyes:

I really, really don't want you to freeze to death...I will contribute brandy and snuggling to your Warmth Campaign! :D :cool:
 
Bottom Line

So I don't sue anybody. I, the victim, am the only one that did anything wrong. I should move because the harassment campaign by a cop has been successful. I guess this is yet another stupid question but can I at least submit a complaint to the neighbor/cop's sheriff's dept? Will a complaint (my wife wants to submit in her name because this cop has assaulted her and collided into her car just to harass her) constitute "ratcheting it up" and compel the DA to file charges against me after he concluded the affair with all parties in his office?

Can my wife submit a complaint to the neighbor/cop's sheriff's dept. in the next county without putting me in jeopardy in this county with this DA?
 

CdwJava

Senior Member
Johnmelissa said:
I guess this is yet another stupid question but can I at least submit a complaint to the neighbor/cop's sheriff's dept?
Sure, you can make the complaint. However, it is questionable whether the activity will rise to a level where the employing agency can assert jurisdiction for a personnel complaint. Unless he has somehow inserted his agency into the affair, it is not likely that the agency could legally even take action against him even if they wanted to. If he was an officer in the same city where you live, perhaps they could. But, i believe you said he was not. therefore, unless the agency can identify a nexus allowing them to get involved, they probably could not do anything even if they were inclined to do so. But, as a manager myself, I'd like to know if one of my officers was acting like a flange-head.

Will a complaint (my wife wants to submit in her name because this cop has assaulted her and collided into her car just to harass her) constitute "ratcheting it up" and compel the DA to file charges against me after he concluded the affair with all parties in his office?
Only the DA can answer that question. I doubt it. But, you never know.

Can my wife submit a complaint to the neighbor/cop's sheriff's dept. in the next county without putting me in jeopardy in this county with this DA?
Probably. But no one can guarantee it. Though it's not likely your local DA will ever find out about the complaint unless your neighbor goes whining to him after (if) he becomes the subject of an IA investigation.

- Carl
 
I'd Rather Pay

Carl, sometimes I get the impression that you're biased but then the feeling fades. Thanks for your responses and your perspective. At a minimum, this forum provides a useful exercise. And you are the only rational entity in attendance. When the advice is free, caveat emptor. Ron makes a valiant attempt but immediately flames out. What is, "it didn't work when you were six?" Ron, I said it early on that I was in complete disbelief that a cop could do this. How is it you see everything his way when he started this then manipulated it to falsely incriminate me with 3 witnesses watching, then disappeared, while moving his wife and son into position to appear as victims. Also, after 10 seconds of drenching I sprayed back and RETREATED up my driveway into my garage which made further spraying impossible. I sprayed back to counter his attack and enable my escape. I did not join the battle, I endeavored to exit the theater. THAT IS SELF DEFENSE. And Ron, this baby threw a handful of his kids Crayons over the roof at me on my patio. Ron, that was an extremely childish act and he is a policeman. Do you get it, Ron? He is a cop with a psychosis. And a seriously deep one. But I digress. Carl, 2 attorneys will give their opinion next week. If they'll sue on contingency, they can have at it. I will submit a complaint because the neighbor/cop's dept. was informed on day one that their cop was involved again - same thing last year - same address only then it was my daughter's friend while I was out of town. Three complaints were sustained against this neighbor cop 45 days before he did this spraying and set up job. The DA knows all this. I know this is all enormously silly but I can tell you being arrested makes anything serious. To me, it's like living in the Twilight Zone. I just don't see why some authority won't stop this, in his own words, "sworn police officer." When I was in the military, this kind of conduct, moral turpitude or, another example, sexual transgressions, once brought to the attention of superior officers would have immediately gone to reduction of rank and possibly loss of an officer's commission. It must be the Bill Clinton era. Carl, once again, thanks. The rest of you can now return to Wonderland.
 

ceara19

Senior Member
I'd really like to know what the hell Gettysburg has to do with anything???????????:confused:
I'm not sure where he's going with that one. It sounds like he's implying that women have no business replying to his thread because, generally, we don't do incredibly stupid things, like getting into pissing matches with our neighbors, in order to prove our "manliness".
 

mommyof4

Senior Member
I'm not sure where he's going with that one. It sounds like he's implying that women have no business replying to his thread because, generally, we don't do incredibly stupid things, like getting into pissing matches with our neighbors, in order to prove our "manliness".

That's because we don't have the proper plumbing to get into a pissing match while standing. Sadly, we too would have to use the water hose. :rolleyes:
 
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