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  1. #1
    Join Date
    Feb 2009
    Posts
    3

    Default Suing a Government Entity

    My question involves civil rights in the State of: New York

    I have documented cases where one government agency or another continually failed to follow the law as I understood it to be and protect during various situations with my ex-wife. I'd like to know if I have a case against any of them:

    I have a County Sheriff's Domestic Incident Report where my ex drove home drunk. Two deputies responded and I confirmed that she had drove into the driveway and was so intoxicated that she ran over our son's tricycle, nearly driving onto the porch. They gave her a breathalyzer and she blew a .22%. She punched me in the stomach while I was holding our son and she admitted this to them saying, "Well lift up your shirt and show them that there are no bruises". The deputy said, "He doesn't need any bruises M'am" but still did nothing with her. They took her to a friends house and told her not to come back for 24 hours. Q: Now, I thought in NY the authorities were obligated under law to arrest the negligent party in a domestic dispute, aren't they? I would also like to know why they wouldn't have charged her with DWI. [Again, these facts are all on the police report.]

    I have another County Sheriff's Domestic Incident Report that happened later, where the ex returned home drunk with another 6-pack in hand. I refused to let her in the house with the alcohol. In turn, she smashed out the windows of the room, next to where our two kids were sleeping. Glass exploded everywhere and I cut my feet trying to make it to my shoes. [I was barefoot since this was the middle of the night]. This time; two Sheriffs and two State Troopers responded. They said that it was not a crime for her to break into her own house and they let her stay there. She refused a breathalyzer, but they insisted I take one. I blew a 0%. They told me that it might be better for me to leave until things cooled down, even after the breathalyzer and her obviously being drunk. [Again, all documented in the incident report]. Q: Couldn't she have been charged with something and/or shouldn't she have been removed from the household?

    I took that incident report to NY Child Protective Services and asked for an investigation for smashing in the windows next to the sleeping kids. To this date there has been none, despite my inquiries and complaints to them.

    I took that incident report to the courts where, they issued a stay-away restraining order for her. She violated that order twice. I called the police both times, with restraining order in hand on both violations and they did nothing but tell me to file a complaint to the court. The violations were corroborated with other [impartial] witnesses at the time they occurred by the officers. For the later incident, they called the local D.A. and he told them not to arrest her. This was actually documented on the incident report even though, the restraining order has language that says that the police are required by law to enforce the order. The police just said, "Sorry, there is nothing more that we can do for you". Q: Isn't it the judge's decision - not the D.A. as to what gets done with the violator? Isn't CPS and the police liable for not following up on something that I would consider endangering the welfare of the children? Not to mention: The local news paper regularly prints all the men who were arrested for violating restraining orders.

    [FYI: The two violations were handled in a deal between the family court lawyers and she pretty much got off with nothing. Some decision were submitted "with prejudice" though and I am interested in knowing what that might imply!]

    Do I have any cause to sue any of these agencies?

    How much does this stuff have to recur before someone is held liable?

    I also the guy that drove my wife to violate the restraining order. Can I do anything with him civilly?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Suing a Government Entity

    Based upon what you have said, I don't see that you've articulated a basis for a lawsuit against anybody, let alone one that would overcome governmental immunity. In terms of the guy who gave her a ride to a place where you were present - is that all that happened - what would you sue him for? What are your damages?

    Work with your divorce lawyer to seek any appropriate action in the court that issued the protective order, and to complete your divorce.

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