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  1. #1
    Join Date
    Jul 2009
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    2

    Unhappy What's the Statute of Limitations on Excessive Force by a Police Officer

    On my 35th birthday weekend me, my wife, and some friends went out to celebrate. This is in Las Vegas, Neveda. Two members of our group were told to leave the establishment, so we all decided to leave. In the process of leaving, the guy they told to leave was being manhandled out the door. His sister started arguing with security about that. Unknowed to anyone the security called the police and reported ten people fighting with security. I was telling everyone to let's just go. And as I was helping my wife into my suv a young man in a uniform ask me "where do you think your going". I said home. He did'nt drive up in a police car, he never presented himself as the police. And now he's telling me to get on the ground in this parking garage. I say for what, I'm not getting on the ground, I'm going home. As I take a step to start around my suv he pepper sprays me. Then as I turn my body he shootes me in the back with 50,000 volts from a taser gun. I'm rendered unconcious, fall to the ground hitting my head. Regained conciousness about 5 minutes later in handcuffs, and arrested for resisting arresst, and interferring with a police investigation. No other members of my party were arressted. I was taken into jail, and released about 7 hours later on my on recog. With charges pending. It's two years later with no court apperances. Is there anything I can legally do? Oh yeah I was never read my miranda rights.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: What's the Statute of Limitations on Excessive Force by a Police Officer

    What type of uniform was he wearing?

  3. #3
    Join Date
    Jul 2009
    Location
    Rhode Island
    Posts
    86

    Default Re: What's the Statute of Limitations on Excessive Force by a Police Officer

    There is nothing you can legally do until you file a complaint, either with the police department itself or with the City of Las Vegas, or civil suit in the district court thereof. Have you tried the ACLU? That is a reasonable venue to attempt, and they are usually very interested in complaints involving excessive or brutal force utilized by authority.

    I personally wouldn't have waited two years to file, I would have done it as soon I was released from custody. If all these facts are true and are unexagerrated or false, you may have a very serious claim here...but typically civil litigation is only valid two years after the incident.

    Did you go to the hospital?

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: What's the Statute of Limitations on Excessive Force by a Police Officer

    You have probably waited way too long. You should have filed a complaint/claim against the city on the city level as soon as it was apparent no prosecution was going to happen. If the city council denied your claim you could then file a civil action. Do some research on the statute of limitations in your state.

  5. #5
    Join Date
    Jul 2009
    Posts
    2

    Default Re: What's the Statute of Limitations on Excessive Force by a Police Officer

    His uniform was tan in color, he was about 20- 21 years old. To be completely honest he looked like a security gaurd. And I did file a complaint, and made several attemps to talk with someone with the aclu. None successful.

    Yes I spent 9 hours in the emergency room. Diagnosed with nurathophy. Might not have spelled that correctly.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,451

    Default Re: What's the Statute of Limitations on Excessive Force by a Police Officer

    You may want to consult a Las Vegas area attorney ASAP. It is very possible your window to make a claim or file suit has closed.

    - Carl
    **********
    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

  7. #7
    Join Date
    Jul 2009
    Location
    Rhode Island
    Posts
    86

    Default Re: What's the Statute of Limitations on Excessive Force by a Police Officer

    Couple issues here: (1) If the LV police officer was in uniform, he doesn't really have to say "Hey, I'm a police officer, you must obey me," the uniform is implied to mean that. (2) He has reasonable suspicion to detain you, you were not free to leave, but you were not under arrest...(he was probably going to try to see some video surveillance). This is commonly referred to as a threshold inquiry or terry stop. (3) The reason he had RS to detain was that he was investigating the security guard's claim of "fighting with security", so he was investigating a possible assault or affray (although assault is typically a misd offense, he might have had no statutory powers of arrest, but when tried to leave then escalated it. (4) By you making an attempt to egress from his detainment, he had just cause to spraying you; as he was outnumbered and alone with no cruiser (as you stated) or "back-up" (5) Him tasering you might also have been reasonable, since I was not there to judge the situation, but he utilized the least restrictive means in ascertaining you from egressing. He sprayed you with pepper, you did not stop. Instead of beating you with his baton, or using his firearm...he tasered you. They don't give the police tasers to help jump start cars. (6) If you were innocent, standing by for another 10 or 15 minutes would have saved you from all this grief.

  8. #8
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: What's the Statute of Limitations on Excessive Force by a Police Officer

    Quote Quoting Emmett
    View Post
    His uniform was tan in color, he was about 20- 21 years old. To be completely honest he looked like a security gaurd. And I did file a complaint, and made several attemps to talk with someone with the aclu. None successful.

    Yes I spent 9 hours in the emergency room. Diagnosed with nurathophy. Might not have spelled that correctly.

    If it was a security guard that sprayed you etc., the ACLU will not intervene, as private guards are not governmental entities.

    IF it was a Police officer and you are claiming excessive force, if you intend (ed) to sue under 42 USC 1983, the USSC has ruled they are "personal injury" actions, and NV's SOL is 2 years for such.

    Unless some reason may apply that would "toll", halt/stop the SOL, it appears you have no case. HOWEVER, that is for an Attorney in NV to decide.

  9. #9
    Join Date
    Aug 2009
    Location
    San Antonio, Texas
    Posts
    57

    Default Re: What's the Statute of Limitations on Excessive Force by a Police Officer

    two years later like "almost two years" or "will be two years on friday"

    If your Miranda Rights are not read and you are subject to "custodial interrogation" then what you say can not be used against you criminally.

    What's the status of your criminal case?

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