That's why I am very surprised. This was a huge issue a few years back and was why there was a great deal of retraining going on with regards to the acceptance of personnel complaints. The state's Chiefs and Sheriffs went through a lot of this and it surprises me that anyone might be playing games with the issue.It really does seem that they are so ignorant, or are so assumptive of MY ignorance (which I guess DOES make them ignorant) that they thought it would be fine to save themselves the trouble of an investigation and ignore me entirely.
While there is no criminal penalty that I know for not accepting the complaint, it has resulted in sustained civil awards against agencies. It seems to me that if you want to sweep something under the rug at least pretend to look in to it THEN dismiss it.
They were at the forefront of some cases in this area some years back. I strongly suspect they will give you much the same thing as I have - the agency should have accepted your complaint about the possible false arrest, but the false report issue is probably out of reach for a personnel complaint.The ACLU...now why didn't I think of that? I spent all morning leaving messages for less than impressive law firms that claim to be involved in police misconduct cases. I'll contact the ACLU on monday. Thanks for that.
Again, if it were me, I would have looked into it just to dispose of that as a possibility. And, since we police really HATE to be taken for suckers, I would strongly suspect that my officers already looked at that and concluded that either there was no good case, or, they believed that the rape suspect (you) did, indeed, commit the offense.
I have been unable to find that it is a CRIME not to accept a personnel complaint. I do not believe that there is any criminal code that makes this a requirement, though it can be a cause for civil action.If the failure to file even one of my complaints amounts to a misdemeanor, the DA's office has already made it clear that they are ready to pounce on that allegation and investigate the matter, so I'm all set there, because I have recorded proof now that the complaints are being denied.
I wouldn't even consider taking on the RPD without an attorney. The ACLU or an attorney may be able to light a fire under them to accept the complaint, but we still get back to the end result. This end result is very likely to be that there was no wrongdoing with regards to the arrest or the apparent lack of investigation on the false report allegation (especially since the latter is entirely discretionary).If it's a civil matter, it would certainly seem that the ACLU will be a great bet to get the ball rolling for me. I don't mind representing myself in a civil suit against the girl who accused me, but I'd feel like a fool, showing up in court against the riverside police department, without a lawyer =/.
If, when you consult any attorneys, they ask for money up front as opposed to taking the matter on contingency, then you have a clear sign that your allegations lack any real potential for the attorney to recoup their investment of time and money. The ACLU is in the same boat - if they cannot recoup, they may not accept the matter. However, I have known the ACLU to send nasty letters in instances like this in order to remove a stumbling block. And, a call from an attorney to the Chief might not hurt.
As a side note, I know a number of officers, supervisors and above with the RPD as I used to work with them at another agency (they left my agency in SD County between 2000 and 2003 for reasons too lengthy to explain here). This is one reason why I am surprised at this attitude. The officers I knew would not just outright dismiss something if it were so obvious. Although, I only know less than a dozen members of that agency, so the odds are slim that anyone I know has thus far been involved.