Unlawful Detainment

[cdwjava]

I would like to know what cincy wants from this. Is he or she looking for a lawsuit against the city? Or, is he or she looking for criminal prosecution against the municipal worker?

I think the former is more likely to proceed than the latter, but even the former is not likely to go very far unless the employee's actions were unreasonable in some way, or the detention was quite lengthy.

- Carl

[BOR]

You may be right.

But the question was unlawful detainment. I have yet to see where they were detained.

If they wanted to know what a police man would say, they should have been happy to wait for one...

It would take the evalution of an attorney but I strongly suspect it is not a common practice/policy of that agency to detain people for any reason.

Overall, I question the detainment as either unlawful, tortious, or both.

[BOR]

I would like to know what cincy wants from this. Is he or she looking for a lawsuit against the city? Or, is he or she looking for criminal prosecution against the municipal worker?

I think the former is more likely to proceed than the latter, but even the former is not likely to go very far unless the employee's actions were unreasonable in some way, or the detention was quite lengthy.

- Carl

Maybe just for PERSONAL legal gratification to see what the state of the law is, nothing else.

[BOR]

You may be right.

But the question was unlawful detainment. I have yet to see where they were detained.

If they wanted to know what a police man would say, they should have been happy to wait for one...

Oh, to add, on the Q of detainment, remember that Walmart thread where the employees blocked the persons car from leaving the parking lot, everyone then said it was lawful?

They could have left any time also, right?

[cincy]

There is a vast difference between detaining a VEHICLE and the people inside it.

They could have gotten out and left at any time, right?

No, completely blocked in. No exit. At the time, still unaware that any wrongdoing had been committed.

[BOR]

No, completely blocked in. No exit. At the time, still unaware that any wrongdoing had been committed.

For such a minor "alleged' crime, I would say the employee acted "outside" the "Scope of Employment". Not a good practice since any possible liability is no doubt imputed to the government.

[cincy]

For such a minor "alleged' crime, I would say the employee acted "outside" the "Scope of Employment". Not a good practice since any possible liability is no doubt imputed to the government.

I am being very vague about the circumstances to protect my privacy and pending defense. The short of it is that we mistakenly ventured onto posted property, never exited the vehicle, and on the way out were detained by the employee, and ultimately cited by the police. There was no intent to disregard the law. It was a simple mistake, but "Johnny I've-got-a-gun-and badge" decided to only see black & white...and not listen to reason. I feel confident in my defense, but am pretty frustrated with power-hungry individuals.

[cdwjava]

Being detained unlawfully would NOT be a defense to the criminal allegation. That would be a separate matter to be handled apart from this allegation. You are not going to get out of a trespassing beef because you were held there against your will. So, if that is your goal, time to seek some other alternatives.

- Carl

[cincy]

Being detained unlawfully would NOT be a defense to the criminal allegation. That would be a separate matter to be handled apart from this allegation. You are not going to get out of a trespassing beef because you were held there against your will. So, if that is your goal, time to seek some other alternatives.

- Carl

That is not my intent at all. I'm just curious as to the legality of the detainment. Again, I'm being vague. The circumstances are not purely black & white. Just not happy with how things were handled.

[cdwjava]

Well, the issue of the detention won't help your case. It is a separate matter and may or may not be prosecuted. if I had to guess, I'd say no charges will be brought. Whether you have cause for a civil action or not will depend on all the details.

- Carl