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  1. #1
    Join Date
    Mar 2019
    Posts
    1

    Default Can You Be Criminally Charged for Tearing Down a Fence on Your Own Property

    My question involves civil rights in the State of: West Virginia

    I was arrested on 6-1-18 for tearing down a fence on my own property. I had a verbal agreement with the neighbor because she did not want a pallet fence put up on my property, I had agreed to her putting up a fence as long as it was 6ft high and went the length of the yard. Wel neither of these happened. When I got a paper for court about why my dog was taken I went out and started tearing down the unfinished fence and the neighbors called the cops.

    The prosecuting attorney told me at my recent hearing that he could have won the case for destruction of private property. I know this isn't possible considering we had a verbal contract that she failed to follow through with and the fact that its clearly on my property and lines up with my house perfectly. Now as for being arrested I knew as soon as I seen the female cop I was going to jail, She has a grudge against from before she became a cop.

    So there were three cops here, the one put cuffs on me and stated "ok" I went to walk down the steps and he yanked on my handcuffs and injured my hands, then once I found out I had to go with him, knowing his issues and his aggressive behavior I didn't want to go with him, and I wont lie I did throw a fit bc I scared but then the female officer pushed me and told me I was white trash.

    When I screamed for my husband to call an ambulance because I felt something pop in my back her statement was " your Not going to the the hospital". I already had back issues before this and she knew it from when she hung out with my ex husbands ex girlfirends son when they were in school. How do I or can I file a law suit for this. I have called multiple attorneys and no one in my area will take the case they tell me to call out of the area.

  2. #2
    Join Date
    Jun 2017
    Location
    California
    Posts
    403

    Default Re: False Arrest

    You don't have a case against the cops. They were called out because you tore down a fence that your neighbor put up. They're not there to mediate or decide whose fence it is or whether or not you had the right to tear it down--you do that in court. They only need probable cause to arrest and they had that which gives them immunity from any lawsuit. Resisting is never a good idea so your "throwing a fit" only exacerbated the situation.

  3. #3
    Join Date
    May 2014
    Posts
    198

    Default Re: False Arrest

    Quote Quoting LindaThomas
    View Post
    My question involves civil rights in the State of: West Virginia
    I was arrested on 6-1-18 for tearing down a fence on my own property. <-Nothing illegal about that
    I had a verbal agreement with the neighbor because she did not want a pallet fence put up on my property,<- Were you putting up a fence or was it already there?
    I had agreed to her putting up a fence as long as it was 6ft high and went the length of the yard. that she failed to follow through with<-So the fence you tore down was the pallet fence you put up or was already there?
    I went out and started tearing down the unfinished fence and the neighbors called the cops.The unfinished fence you were putting up or the unfinished fence your neighbor failed to follow through on?
    If your neighbor followed through on their promise and was having a fence installed, my guess is that it was probably on the property line and you had no right to tear down property that belonged to her. If they truly were installing a fence clearly on your property, then you have a right to take them to court and seek damages.

    If the fence was one you put up - why would they call the police? It doesn't make sense. I believe there is more to the story.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,319

    Default Re: False Arrest

    The neighbor's failure to follow-through with their side of the contract is a civil issue. Your destruction of their property that you allowed them to set up on your real property was vandalism. If you had agreed to let them park a car on your property in exchange for some favor they did not fulfill, that doesn't give you the right to damage their car. Same concept here, Not to mention the fact that the officers were likely in no position to verify property lines if this issue was in contention.

    Feel free to consult an attorney, but it does not appear this is a "false arrest" matter at all.
    **********
    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
    Oct 2014
    Posts
    7,291

    Default Re: False Arrest

    Quote Quoting LindaThomas
    View Post
    How do I or can I file a law suit for this. I have called multiple attorneys and no one in my area will take the case they tell me to call out of the area.
    There is a lot in your post that is left out or not very clear. Let's start with the fence. You say it was on your property. But was the fence you tore down the one that your neighbor was putting up and that the neighbor was presumably paying for? If so, that may well be a destruction of property issue because the materials were paid for by the neighbor. And what does the court issue about the loose dog have to do with this? That's not very clear at all.

    Next, your story simply ends with the apparent arrest at your home. What happened after that? Were you taken to jail? If so, how long were you there? Just booked and released? Or did you end up in jail for awhile? If so, what kind of financial losses did you suffer from that? What happened with the medical issue you mentioned? Did you suffer any harm from that?

    From the information given it's impossible to say if your rights were violated. Even if they were, all you get when you sue are compensatory damages, i.e. payment for the financial losses, injury, etc., that you suffered as a result of what happened. If you didn't suffer any loss of wages from work and didn't have any medical issues that were made worse by lack of attention by the cops then you may simply have really nothing to win in a lawsuit against the cops.

    You might try asking a lawyer who litigates civil rights cases to be very frank with you about his/her assessment of how good a case there might be for a civil rights violation or a negligence claim and, significantly, how much might realistically be won in that kind of case. That would help you understand why you are having trouble finding someone to represent you.

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