Suing for False Imprisonment
My question involves civil rights in the State of: California
Before I share my story I was wondering if I had strong standings for a lawsuit and if I do...how would I go about it?
Here's my story...
I got sentenced to prison for a couple of years.
Before i got transported to prison an ICE (immigration) agent came and saw me at the county jail.
Paper works got signed and the county was told of my release.
The county was told that upon my release from state prison i would be picked up by ICE (not getting released back into the streets).
The county knows that i was not going to get released back out into the streets, instead i would be in ICE's custody.
With the county knowing all of this...i went to prison.
I served my time and on the day i got released from state prison ICE came and got me (that very same day while i was still in chains/custody).
48 hours later...a warrant was issued for my arrest "failure to appear" (to report to parole in person).
I spent the next few months in a federal detention facility with this warrant still active.
After everything was resolved with ICE my federal case officer wanted to release me (...finally going home! i said to myself).
Federal case officer comes and tells me...I was going to release you today but it looks like your county has an "outstanding warrant" out for your arrest.
Federal case officer tells me that this has happened before to other people in different counties.
Federal case officer tells me with those other counties the warrant would be lifted/get dismissed after he called and explained.
Federal case officer tells me he doesn't know what's going on in my county and that it was odd they wouldn't get the warrant dismissed.
...remember the warrant was issued for "failure to appear/report to parole after being released from state prison"
...i was still in custody. It was not possible for me to report in person no matter how much i wanted to.
Federal case officer tells me he won't be able to release me and that i would have to spend a couple days in county jail at the most before i get released.
...because of this mistake/error made by my county (i am starting to think it wasn't a mistake/error...) i suffered.
I got transported to my county and booked into the county jail.
I spent a couple days there and thought i was going to get released during my arraignment.
During my arraignment the judge stated that the county did not know where i was after i got released from state prison (when in fact they knew...)
...i did not get released.
My next court date came...i went and they tried to make me plea guilty to "failure to appear/report in person" after my release from state prison.
I told them i wasn't going to plea guilty. You guys knew of my whereabouts. I am going to plea not guilty.
I spent more time in jail. I did my own research, gathered up my own paper work and evidence/proof (while the county sits there laughing and knowing that i am innocence, still they wanted to make me plea guilty).
Next court date came my lawyer presented extra paper work/evidence and proof of where i actually was and i even gathered up a piece of paper work issued by my county saying that they did in fact received information on my whereabouts and knew that i would be in ICE's custody on the day of my release from state prison.
I have proof and paper work "hard evidence" saying that my county knew about my situation and future custody in ICE. This paper work was before i got transported to prison.
...remember when the ice agent came and saw me the first time while i was in county jail waiting to be transferred to state prison? My county knew about it since then.
...and they had over 3 months to fix the mistake/error (warrant), but they choose not too or ?
...I am starting to think it's a loophole the county knows about and is taking advantage of for $. Because i got transported, booked in and they even attempted to make me plea guilty to this warrant (i could have faced 180 days or more in jail).
Anyways...I was found innocence and got released.
I do want to sue for false imprisonment, loss of income, psychological stress, hardship and loss of potential employment that was lined up for me.
Please let me know if i have strong grounds for a lawsuit and if i do how do i go about it?
Re: False Imprisonment Lawsuit (Help)
What was the original conviction and sentence for?
Re: False Imprisonment Lawsuit (Help)
Quote:
Quoting Zhin Saeyang
Assault with a deadly weapon. Deadly weapon was a salt and pepper shaker. I failed probation twice, got terminated. I went on the run and got caught. Served 2 years.
Okay, thank you.
Your chances of legal employment here were zero before you were even released from prison. You have no case at all against the state, the Feds or anyone else.
You have shown that you have no respect for the US or its laws - don't expect them to help you out now.
Re: False Imprisonment Lawsuit (Help)
Quote:
Quoting
Dogmatique
Okay, thank you.
Your chances of legal employment here were zero before you were even released from prison. You have no case at all against the state, the Feds or anyone else.
You have shown that you have no respect for the US or its laws - don't expect them to help you out now.
In your reply it says I have standing. Lawsuit. Thank you!
Re: False Imprisonment Lawsuit (Help)
Did you delete your post?
You asked a question.
I asked a question.
You clarified...
...and I responded.
(And you deleted a post first)
Which part is unclear?
Re: False Imprisonment Lawsuit (Help)
You have grounds to appear in front of an ICE judge and be deported. Appear and where they find you they will continue with the proceedings.
Re: False Imprisonment Lawsuit (Help)
Quote:
Quoting
Disagreeable
You have grounds to appear in front of an ICE judge and be deported. Appear and where they find you they will continue with the proceedings.
I'm not missing anything, right? Does it read the same to you as for me?
Re: Suing for False Imprisonment
Quote:
Quoting
Zhin Saeyang
Before I share my story I was wondering if I had strong standings for a lawsuit and if I do...how would I go about it?
Even if we assumed that you had a plausible lawsuit, you won't be in the United States to pursue your claim. Trying to litigate such a case from another country would be cumbersome and more than most lawyers would be interested in attempting, absent facts and damages much more compelling than yours.
Who do you plan to sue? The judge who issued the warrant on your probation violation is shielded by absolute judicial immunity, and the prosecutor is shielded by prosecutorial immunity. You've given us no information suggesting that your probation officer knew why you did not appear. Your belief that somebody associated with the county should have figured out that they needed to send information to somebody else, and that the communication did not occur, being duly noted, who do you believe those people to be and how do you propose that the error would support a civil rights case?
Quote:
Quoting Zhin Saeyang
I served my time and on the day i got released from state prison ICE came and got me (that very same day while i was still in chains/custody).
48 hours later...a warrant was issued for my arrest "failure to appear" (to report to parole in person).
Mistakes happen.
Quote:
Quoting Zhin Saeyang
...remember the warrant was issued for "failure to appear/report to parole after being released from state prison"
...i was still in custody. It was not possible for me to report in person no matter how much i wanted to.
It is not a violation of your civil rights to be wanted in another county. It is within your power to notify the court in the other county of your location, and to petition for habeas corpus to try to have yourself taken to the court.
Quote:
Quoting Zhin Saeyang
My next court date came...i went and they tried to make me plea guilty to "failure to appear/report in person" after my release from state prison.
I told them i wasn't going to plea guilty. You guys knew of my whereabouts. I am going to plea not guilty.
So you chose to take your probation violation to hearing? That's your right.
Quote:
Quoting Zhin Saeyang
...and they had over 3 months to fix the mistake/error (warrant), but they choose not too or ?
You asked for a hearing. They scheduled a hearing. The fact that it took three months being duly noted, sometimes courts are busy. Had you not been subject to a removal order you might have been able to secure bond; you haven't indicated whether you asked for a bond.
Quote:
Quoting Zhin Saeyang
Anyways...I was found innocence and got released.
That's what happens when you are charged with an offense, are held without bond (due to your criminal and immigration history) or don't post bond, and are acquitted after a hearing. That's not a civil rights violation.