Beaten and Tased by Police but Not Arrested

[bluetiger82]

What is the name of your state: Colorado

My question involves civil rights in the State of: Colorado

The incident occurred in Commerce City, CO. I was assaulted by a police officer, and taken to the hospital for taser and baton injuries. I have some minor damage to the ligament in my thumb, extensive bruising and aggravated tendinitis. I was never arrested, no one was, as I didn't do anything illegal, just insulted him. They are refusing to release the incident report to me, or bodycam footage.

No lawyer will take my case because my injuries aren't bad enough and I don't already have the footage (I've called 20 or so). What do I do? Why won't a lawyer take my case if he could get the footage? I only called personal injury and civil rights lawyers.

The fact I wasn't arrested shows I am innocent, even according to the police, so the assault would be by definition excessive force. Is this correct?

I feel like I have to fight this myself. How do I legally petition for the footage? I also have many witnesses who will testify to police brutality. I will give them all complaint forms (the police initially lied to me and told me the forms don't exist when I went into the station, I have them on footage lying).

Thank you for your time.

 

[quincy]

What is the name of your state: Colorado

My question involves civil rights in the State of: Colorado

The incident occurred in Commerce City, CO. I was assaulted by a police officer, and taken to the hospital for taser and baton injuries. I have some minor damage to the ligament in my thumb, extensive bruising and aggravated tendinitis. I was never arrested, no one was, as I didn't do anything illegal, just insulted him. They are refusing to release the incident report to me, or bodycam footage.

No lawyer will take my case because my injuries aren't bad enough and I don't already have the footage (I've called 20 or so). What do I do? Why won't a lawyer take my case if he could get the footage? I only called personal injury and civil rights lawyers.

The fact I wasn't arrested shows I am innocent, even according to the police, so the assault would be by definition excessive force. Is this correct?

I feel like I have to fight this myself. How do I legally petition for the footage? I also have many witnesses who will testify to police brutality. I will give them all complaint forms (the police initially lied to me and told me the forms don't exist when I went into the station, I have them on footage lying).

Thank you for your time.

You were just standing around doing nothing and you were beaten and tasered by the police?

 

[bluetiger82]

You were just standing around doing nothing and you were beaten and tasered by the police?

I was approached by a cop who I thought was a security guard at a private venue and I told him to F off. He proceeded to tase and beat me. Other cops arrived and called me an ambulance. At no point was I placed under arrest. I have many witnesses who were so disgusted at what happened, they proactively reached out to me via a facebook group of the venue.

 

[quincy]

I was approached by a cop who I thought was a security guard at a private venue and I told him to F off. He proceeded to tase and beat me. Other cops arrived and called me an ambulance. At no point was I placed under arrest. I have many witnesses who were so disgusted at what happened, they proactively reached out to me via a facebook group of the venue.

You were standing by a "venue" (what sort of venue?) and an officer approached you and asked you if you were security for the venue and you responded to the officer's question by telling him to go away - and he then assaulted you and tasered you?

Are you leaving any important facts out?

As a note: Not being arrested does not equal innocence.

 

[Just Blue]

I was approached by a cop who I thought was a security guard at a private venue and I told him to F off. He proceeded to tase and beat me. Other cops arrived and called me an ambulance. At no point was I placed under arrest. I have many witnesses who were so disgusted at what happened, they proactively reached out to me via a facebook group of the venue.

Why was the officer approaching you? Were you not supposed to be in the "venue"? Why did you tell him to _ off? Was that the only insult you gave the officer?

 

[bluetiger82]

Why was the officer approaching you? Were you not supposed to be in the "venue"? Why did you tell him to _ off? Was that the only insult you gave the officer?

I don't know. No, I was supposed to be there. I was annoyed I was being accosted. Yes.

 

[Just Blue]

I don't know. No, I was supposed to be there. I was annoyed I was being accosted. Yes.

What do you mean by accosted? What did the officer say to you before you told him to f-off?

 

[bluetiger82]

What do you mean by accosted? What did the officer say to you before you told him to f-off?

I was wearing headphones when he initially approached me. I mean coming at me in a threatening manner. I think it would better for my community if the police would release the bodycam footage so everyone can see what happened. Do you have any advice on going about this? Thankfully, I have a bunch of witnesses who will file complaints with me. Will that help get it released?

 

[Just Blue]

I was wearing headphones when he initially approached me. I mean coming at me in a threatening manner. I think it would better for my community if the police would release the bodycam footage so everyone can see what happened. Do you have any advice on going about this? Thankfully, I have a bunch of witnesses who will file complaints with me. Will that help get it released?

Only a subpoena can force the police to release the body-cam footage.

 

[bluetiger82]

Only a subpoena can force the police to release the body-cam footage.

How could I go about getting a court to subpoena the police? Would contacting the DA be a good idea? Thanks for replying by the way.

 

[Just Blue]

How could I go about getting a court to subpoena the police? Would contacting the DA be a good idea? Thanks for replying by the way.

You need to hire an attorney...don't ask them to work on contingency. Based on what you posted here you really don't seem to have a case.

 

[CdwJava]

The fact I wasn't arrested shows I am innocent, even according to the police, so the assault would be by definition excessive force. Is this correct?

No, it's not correct. Depending on the nature of your injuries or the reason you were in the hospital, there are a number of reasons why you might have been left and NOT arrested. Most often it is because you might have an overnight stay in a hospital and the agency in question does not want to incur additional costs for treatment and guarding you. So, they release you and seek a warrant later on. It's also possible you were released on a mental health detention.

I'm not saying these ARE what happened, only that the fact that you were not arrested is NOT some declaration of your innocence. They'd be pretty foolish to hit you with batons and Tasers and then NOT seek some sort of criminal charge against you, so I suspect there is more to this tale.

 

[stealth2]

What is the name of your state: Colorado

My question involves civil rights in the State of: Colorado

The incident occurred in Commerce City, CO. I was assaulted by a police officer, and taken to the hospital for taser and baton injuries. I have some minor damage to the ligament in my thumb, extensive bruising and aggravated tendinitis. I was never arrested, no one was, as I didn't do anything illegal, just insulted him. They are refusing to release the incident report to me, or bodycam footage.

No lawyer will take my case because my injuries aren't bad enough and I don't already have the footage (I've called 20 or so). What do I do? Why won't a lawyer take my case if he could get the footage? I only called personal injury and civil rights lawyers.

The fact I wasn't arrested shows I am innocent, even according to the police, so the assault would be by definition excessive force. Is this correct?

I feel like I have to fight this myself. How do I legally petition for the footage? I also have many witnesses who will testify to police brutality. I will give them all complaint forms (the police initially lied to me and told me the forms don't exist when I went into the station, I have them on footage lying).

Thank you for your time.

Given ~20 lawyers aren't interesting in taking your case.... you seem to have no case.

 

[Mass_Shyster]

File a complaint with the police department

 

[HighwayMan]

File a complaint with the police department

Sounds like he did, or at least tried to, and got a bit of a run-around from the agency involved.

If he has a number of written witness statements he might try going to the DA's office to see if they're interested in pursuing it. Of course, the written statements wouldn't be admissible in court but may help present a good picture to the DA's staff.