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  1. #1
    Join Date
    May 2011
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    1

    Default Can You Sue the Police for a False Domestic Violence Report and Arrest

    My question involves police conduct in the State of: Connecticut

    Almost two years ago, my then-wife took a swing at me when I was holding our 2-year-old son and standing on the stairs. Then she told me she wanted a divorce. At the time she was seven months pregnant.

    Two weeks before her due date, she had stayed overnight at our old residence (we were sharing it -- depending on who had the kids) and while she was leaving, we had an argument over who was going to drive one of our cars. The policy was that whoever had our son had the bigger, safer car. I had our son that day, but she flouted the policy, shoved me, bullied me, threatened to only get me supervised visits, so I threatened to have the cars towed (they were in my name) and a big pissing contest ensued. I never hit or shoved her. In fact, I never was violent during our marriage. (She hit me though -- on several occasions.)

    Anyway, she tried to get into the bigger car while I was holding our son and I stood in front of the door, saying, "No, we had an agreement, just give me the keys." I reached for them, but she pulled them away. Then she said she was calling the cops. She claimed I "wouldn't let her leave" -- even though I said, "Go ahead and leave. Just take the smaller car."

    When the police arrived, they noticed she had a nosebleed. This was NOT caused by me. Because she was pregnant, the expanded blood vessels in her nose caused occasional nosebleeds -- especially when she was stressed. She told him, "He didn't cause this." They arrested me suddenly, without warning. Wouldn't tell me why. (I hadn't even seen her nosebleed, so I was befuddled.)

    So they had her write out a statement where she says I "bullied" her by the car while holding our son. Cop takes her "bullied" remark and writes that I shoved her head into the car causing her nose to bleed (while holding our son). I get charged with assault 3 and risk of injury to a minor. Spend seven hours in lockup before being released on $15,000 bond.

    Anyway, the next day, she tells Family Services I didn't assault her and the proposed no-contact order is knocked down to a residential stayaway. The case was nolled four months later, then dismissed automatically 13 months after that.

    However, during this time, I went nuts. I lost my job because I couldn't focus. I was diagnosed with depression and put on meds. I had never been arrested before and it screwed everything up at the time.

    When the case was nolled, I tried filing an internal affairs report against the arresting officer. The sergeant in internal affairs calls me, says he's really sorry about all I went through and how unfair it is, but that cops tend to use terms like "bully," "hit" and "shove" interchangeably and that I'd have a really hard time proving an internal affairs complaint. So I dropped the complaint.

    However I'm still contemplating suing the officer and the city, especially over the falsified police report. Interchangeable language, to me, isn't an excuse. I believe he was pulling a CYA.

    Do I have a case? If so, on what grounds? Thank you very much.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can You Sue the Police for a False Domestic Violence Report and Arrest

    The police arrived in response to a domestic violence call by your ex-wife, found her still present (despite her wanting to leave and having told them that you were preventing her from leaving), bleeding, and giving what probably sounded like a weak excuse for why her nose was bleeding (even if true). A prosecutor authorized charges, confirming probable cause. Even if I assume that your disposition, which sounds like pretrial diversion, did not involve allocution or a guilty plea, I'm not expecting you'll be able to make a civil rights case out of the incident.

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