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  1. #1
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    Jul 2012
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    Default What Duty to Governments Have to Prevent Future Civil Rights Violations

    My question involves civil rights in the State of: California, but currently in a Federal Court

    So I received some discovery from the defense in my case (my case involves me Civil Rights being violated by police officers). The letter is an internal investigation by the County where I believed I was wrongfully arrested and detained. The letter was done by an outside contractor, but he was brought in and paid by them to do the investigation. The investigator, after reviewing all the facts, came to the same conclusion, that there was no basis behind arresting me, confirming my case. However, the investigation was stopped after he came to his conclusion.

    My question is, is there some kind of duty of public interest that this investigation should have proceeded in order to prevent this from occurring in the future? My other discovery of interrogatories confirms that no further investigation took place with the officers on the scene, as they say it didn't. I am just looking for something that would reference the need for the County to proceed with the investigation when the findings clearly state that the officers were wrong. The officers were never even questioned and it is suspicious that they would bring someone in, pay them to do a partial investigation, and when they didn't like the answer, they ended it.

  2. #2
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    Default Re: What Duty to Governments Have to Prevent Future Civil Rights Violations

    You just told us that the investigation occurred, so it's fair to say that it proceeded. We don't know the facts, or how the results of the investigation might prevent future occurrences of problems similar to yours, but I would expect that the unit of government would attempt to avoid future problems.

  3. #3
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    Jul 2012
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    Default Re: What Duty to Governments Have to Prevent Future Civil Rights Violations

    I know for a fact that it didn't proceed because I have discovery responses from the officers stating they were never questioned. I am looking for a case, law or at least an example of an entity getting in trouble for not investigating further once they found there was a problem.

    The officers involved didn't even know there was an investigation. It happened about 8 months ago and I received the responses last week.

  4. #4
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    Default Re: What Duty to Governments Have to Prevent Future Civil Rights Violations

    If you are wondering if you can sue the entity for additional damages due to their not taking what you believe to be adequate corrective measures after-the-fact, no you cannot. Their subsequent actions are not relevant to what happened on the prior occasion.

    If you want to search for case law on one point or another, try Google Scholar.

  5. #5
    Join Date
    Jul 2010
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    Default Re: What Duty to Governments Have to Prevent Future Civil Rights Violations

    The purpose of the investigation was to determine if you were wrongfully arrested and detained. The investigator, after reviewing the facts such as statements and reports, came to the conclusion that you were wrongfully arrested and detained. Thus, there was no need to continue investigating. The investigator apparently was able to reach that conclusion without interviewing the officers involved in person. If so, there was absolutely no need to interview them. Could the investigator have done so anyway? Sure but they didn't need to so why waste further time/money when the goal was accomplished?

    If the department chooses to take no further action, it is on them. It could create liability on their part should the officers screw up again. You can't force them to do anything about it. You could try reporting the situation to whatever body certifies law enforcement officers in your state but that may not get anything doen.

    What is it you wish to happen?

  6. #6
    Join Date
    Jul 2012
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    14

    Default Re: What Duty to Governments Have to Prevent Future Civil Rights Violations

    Thanks guys. I appreciate the link to google scholar, I think that will come in very handy in the future.

    As far as what I want to happen, really I just wanted to know if they had a duty to the public they serve to investigate situations such as this if it is clearly shown they did something wrong. Seems like a legitimate request from a tax payer that if they find out something is wrong with the way a citizen was prosecuted, it would be mandatory they follow up with disciplinary action (something I would not get access to without a court order) or at least an investigation where they are questioned about the actions they took.

  7. #7
    Join Date
    Aug 2012
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    45

    Default Re: What Duty to Governments Have to Prevent Future Civil Rights Violations

    Quote Quoting mindful
    View Post
    My question involves civil rights in the State of: California, but currently in a Federal Court

    So I received some discovery from the defense in my case (my case involves me Civil Rights being violated by police officers). The letter is an internal investigation by the County where I believed I was wrongfully arrested and detained. The letter was done by an outside contractor, but he was brought in and paid by them to do the investigation. The investigator, after reviewing all the facts, came to the same conclusion, that there was no basis behind arresting me, confirming my case. However, the investigation was stopped after he came to his conclusion.

    My question is, is there some kind of duty of public interest that this investigation should have proceeded in order to prevent this from occurring in the future? My other discovery of interrogatories confirms that no further investigation took place with the officers on the scene, as they say it didn't. I am just looking for something that would reference the need for the County to proceed with the investigation when the findings clearly state that the officers were wrong. The officers were never even questioned and it is suspicious that they would bring someone in, pay them to do a partial investigation, and when they didn't like the answer, they ended it.
    The government has no duty to prevent anything. However, they can punish people who violate the civil rights of others.

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