What Civil Rights does Military personel have?

[Garvin2k]

What is the name of your state (only U.S. law)? Mississippi
My son is in the Army National Guard here in Mississippi. He is leaving in about 2 weeks to go to Virginia for training. He will be there for about 6 months.
A friend of his has decided to disolve there freindship and demand the return of all that belongs to him. My son gave everything back as he requested. However, this friend refuses to give my son's laptop computer that was borrowed. My son is making payments on the computer that was purchased from BestBuy.
My son asked for the computer back. This friend is requiring my son to get a stereo from this friend's ex-girl friend in exchange for the computer. That has nothing to do with my son, however, this friend is making it an issue.
My son went to this friend's mother's house, where he lives with his mother, to ask her to get the computer that was in the house and give it to him. She refused.
My son then called the City Police to assist by being there in a 'Civil Standby' position. However, the police officer decided on his own to go to the door and try to get the computer, which, I believe, is beyond the 'Civil Standy' statutes. Now, charges are being filed against the officer by the mother. My son still has not received his computer.
He was told by the police that he could not file a criminal complain and that all he could do was to file a civil suit.
The Assistant Police Chief accused my son of causing the officer that attended the 'Civil Standby' to get a complaint filed against him. And when my son tried to explain to him the situation the Assistant Chief began threatening with jail if he came back to the police office again. The Police were obviously were upset that they made a bad judgement decision and got caught at. The Assistant Chief attempted to intimidate my son into dropping the whole thing. By the way the computer payoff is $1100 and my son needs the computer for his trainging in Virginia.
My son went to the Civil Court Clerk's office inquire about filing a Civil Suit. The problem that came up there is that my son will not be here for the court proceedings and from what my son understands is that he will not be able to files a suit in 6 months due to the statute of limitations.
My son was told that he had to hire an attorney to represent him while he was on Orders in Virginia. He could recover the attorney fees and court costs from his friend. (That is if he wins the suit.) If he looses the suit then my son is responsible for any charges, where someone who was not in the miliary under orders would not have attorney fees.
He cannot get justice as others can due to this military training. My son, because he is in the Military and cannot change his Orders, does not have equal access to the Civil Courts.
The Civil Court Clerk told my son to write a letter to his friend and explain the situation, requesting that the computer be returned.
My son needs the computer in two weeks. It looks as if he will have to hire a lawyer when a normal citizen would not have to. Not only has he lost a friend but he has evidentally lost his Civil Right due to serving in the Military.
Does anyone have any suggestions?

 

[racer72]

You forgot one thing. Military service is strictly voluntary. He chose this when he signed on the dotted line. This has nothing to do with one's civil rights. The SOL to file a civil suit is 1 year, your son has plenty of time.

 

[Garvin2k]

Wait just a minute...

You are implying that someone who signs on the dotted line somehow gives up certain liberties?
I am a 100% Service Connected Disabled Veteran. There are some things that you sacrifice when you Volunteer and sign on the dotted line. But, to be told that you cannot do what others can do just because you are under Military Orders is a step out of line.
Sir, do not try to equate Volunteering that way.
If the Civil Court Clerk says that the SOL will expire before he gets back, who are we to believe?

 

[cyjeff]

I don't understand why a theft by possession isn't a criminal matter.

Go down to the police station and report it stolen.

 

[racer72]

I don't understand why a theft by possession isn't a criminal matter.

Go down to the police station and report it stolen.

The son loaned the laptop, it wasn't stolen. It's a civil, not a criminal matter.

You are implying that someone who signs on the dotted line somehow gives up certain liberties?

Yep. You are confusing civil rights and Constitutional rights. Civil rights are things you are allowed to do within the framework of the law, these laws can vary by jurisdiction. Constitutional rights are the rights granted to all citizens regardless of jurisdiction.

But, to be told that you cannot do what others can do just because you are under Military Orders is a step out of line.

Bull****. The military is granted that right in order to maintain a well regulated force. Could you imagine the anarchy that would result if member of the military were allowed the same rights as civilians.

The final answer to you is, no one is restricting your son's rights. He entered into a legal obligation voluntarily. He can still hire an attorney to represent his rights in the civil arena. No one is violating or restricting any rights, civil or Constitutional, in this case. One of the rights we have is to hire an attorney to represent ourinterests in a court of law. Please tell me again how this is violating any rights.