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  1. #1

    Default Can You Sue the Arresting Officers if Your Case is Dismissed

    My question is can I file a lawsuit against Massachusetts police officers/detectives for wrongful accusations and time in jail? I was accused of an assault charge back in 2011 with another person but that person didn't do any time due to an issue he had and I didn't know about at all. The detective came to my mother's home and said I had warrant for my arrest. I asked why? He didn't say. I didn't resist. Went to court the next morning. I was accused of assault with a dangerous weapon(gun). They accuse of me of being in a gang because of the neighbor I use to live. I tried to give them my plea, but the judge shut me out and sent me on my way I never had a fighting chance. The DA announce a few things that were irrevalant to me. Told the judge I was a flight risk and that I should get no bail. Unfornately that's what had happen. I was incarcerated for about 6-7 months. Going for bail reviews being decline every month. I struggle through those times. I didn't have money to afford a good lawyer. They gave me a court appointed one. She was kind but not helpful. I didn't remember her name was she was young and didn't know what she was doing. I got into a few fightsin jail. I gotten sick in jail. I was losing my teeth due to the toothpaste they provided. Nurses there wouldn't see me. I would have to literally curse at them in order to get attention because of the pain. Everyday was a struggle I had to watch my back. I was threaten and beaten a few times I told one CO he laughed said toughen up kid. It was rough it ruined me. Then one day I went to court they just release me. Made me sign some paper and told me I can go home. No questions ask and no apologies. After that i seen the same detectives again one night they pulled me over and rough me up as i was walking home with a friend. I asked if there was an issue they said no roughed us and laughed abusing thier power. Ever since then I been coping it. It ruin a lot of oppurnities for me like going to college with my friends getting a good paid job. Till this day I am angry still it ruin my relationship with friends and how I think of society. Its hard to get a job without anyone looking you up. At the time I was 20. I'm now 24. I can't sleep or think straight. I'm always thinking about it, I'm be depressed and humilated in society known as a gangbanger which I am not. What can I do to make things right. Do I have a case?

  2. #2
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    Default Re: Can You Sue the Arresting Officers if Your Case is Dismiissed

    You will need to discuss the full facts with a lawyer. There is no way we can analyze your situation based upon such a skeletal, incomplete set of facts.

    You are actually identifying two separate incidents -- whatever it was that led to your arrest and pretrial incarceration (odds are there's no case, but the details matter) and your being "roughed up" for no reason after your release (if you can substantiate that, it's a possible case).

  3. #3

    Default Re: Can You Sue the Arresting Officers if Your Case is Dismissed

    Mhm I totally understand but two incidents were different butbdealt with same officers. I will do and arrange an appointment with a lawyer. Although are there steps I should consider taking such acquiring documentions because Inever rreceived reports of my case or any court documentions when incarcerated. I can only remember it was tough times but now its even harder to cope with because I can't inneraxt with society and civilians. Such as working with other people.

  4. #4
    Join Date
    Sep 2005
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    California
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    20,458

    Default Re: Can You Sue the Arresting Officers if Your Case is Dismissed

    A case that is not filed or dismissed does not - in and of itself - grant you any claim for damages. The state often declines to charge defendants for many reasons, not simply because the arrest was faulty somehow.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Sep 2011
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    OH10
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    Default Re: Can You Sue the Arresting Officers if Your Case is Dismissed

    It is clear you are embellishing your situation to obtain a certain outcome. How many hours per day did they hold you down, forcing you to brush your teeth with tooth paste?

  6. #6

    Default Re: Can You Sue the Arresting Officers if Your Case is Dismissed

    I will take that into consideration. Hahaha forced, no one forced me to brush my teeth. At the time I lost my job being incarcerated and I wasn't able to access my saving account to recieve canteen. The stuff prisons provided was not even standard level products I had to make use of what I had. Eventually I could tell I was losing my teeth. I even told nurses and they shrug they shoulders and laughed. Is it my fault that I'm a human being and I have a good hygiene. Whatever they put in that stuff it was either old or not clinically safe to use. Eventually stop using it I started to use soap and water. This is true. With today's health care acts I can't even afford dental plans and the cost are way to high.

  7. #7
    Join Date
    Jun 2006
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    Massachusetts
    Posts
    24,182

    Default Re: Can You Sue the Arresting Officers if Your Case is Dismissed

    Today's health care acts have nothing at all to do with the cost of dental insurance, which in MA can be found for less than $50 a month.

  8. #8
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    Default Re: Can You Sue the Arresting Officers if Your Case is Dismissed

    Try getting work done at an area dental school. It's usually cheap or possibly free to get your work done by students under the supervision of their instructors.

  9. #9

    Default Re: Can You Sue the Arresting Officers if Your Case is Dismissed

    Yes it does. I have temporary Mass health. And to have dental and health benefits coverage they have Massachusetts residents pick a standard plan that overlooks ya income and the coverage you prefer. what I need is $400 coverage plan a month to be cover which I don't have. But anyways thank you for information. I will take everything into consideration. Now what steps and processes are taken to pursue a case like this?

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