Excessive force and false arrest lawsuit

[wfk122]

I am a police officer and have a pending 300,000 civil rights suit filed against myself and another officer. I arrested a father for domestic violence and resisting arrest. He was pulling his 13yo daughter down the street by the hair. When I told her to let her go he refused. I grabbed him and he resisted, the other officer came to the scene to assist with the arrest.

He took both charges to a jury trial and was found not guilty. Namely because the daughter changed her story completely and said she was running away from home and her "daddy" was only bringing her home. She signed an affadavit but the prosecution did not want to make her a hostile witness and we lost the case.

My question is does the fact that he was found not guilty, weaken us in the civil lawsuit? I truly feel we went by the book in this arrest. Any replies would be greatly appreciated.

 

[Tracey]

The burden of proof in a criminal trial is beyond a reasonable doubt (95% sure). The BOP in a civil trial is more likely than not (51% sure).

Thus, a guilty verdict in criminal trial is binding on a subsequent civil trial because something proved beyond reas. doubt was also proved by a preponderance of the evidence. However, a not gulty verdict in a criminal trial is neither binding NOR ADMISSIBLE in a subsequent crinimal trial, since the criminal jury could have been 85% sure the dad was guilty and still acquitted him.

Your employer has to defend you for the suit, but you could hire your own attorney to try to get the case against you personally dismissed.

BTW, when dad testifies about the
"unreasonable force," you get to tell the jury all about his past arrests/convictions for DV if you knew about them before you went after dad....


Good luck,
Tracey


------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.