A WRONGFUL ARREST
In a recent case that highlights the importance of protecting citizens’ rights against police misconduct, James Law Group successfully secured a $115,000 settlement for a father who fell victim to wrongful arrest, excessive force, and First Amendment retaliation.
The incident unfolded during what should have been a routine child custody transfer. As the situation escalated, the responding officer became increasingly agitated, particularly when the father exercised his right to ask the officer to leave his property once the official business had concluded.
Instead of complying with the reasonable request, the officer remained on the premises. Concerned about the officer’s behavior, the father took the prudent step of requesting another officer to be dispatched to the scene. This action seemed to further aggravate the situation.
In a clear violation of the father’s First Amendment rights, the officer issued an ultimatum: if the father “said one more thing,” he would be arrested. When the father dared to speak, the officer’s response was both swift and excessive. The father was violently attacked and led to a wrongful arrest, setting off a chain of events that would see him wrongfully incarcerated for five days.
To compound the injustice, the father suffered an assault while in jail, adding physical injury to the emotional trauma of false imprisonment.
This case serves as a stark reminder of the potential for abuse of power within law enforcement and the critical need for accountability. It underscores the importance of knowing your rights and the value of skilled legal representation when those rights are violated.
James Law Group’s successful wrongful arrest litigation resulted in a $115,000 settlement for the father, providing some measure of justice for the ordeal he endured. While no amount of money can fully compensate for such a traumatic experience, this outcome sends a clear message about the consequences of police misconduct.
As citizens, it’s crucial to understand our rights and the proper conduct expected from law enforcement officers. This case highlights several key points:
- You have the right to ask an officer to leave your property once official business is concluded.
- Calling for additional officers when you feel uncomfortable is a reasonable action.
- Your First Amendment rights protect your freedom of speech, even in interactions with law enforcement.
- Excessive force and wrongful arrest are serious violations of your civil rights.
If you find yourself in a similar situation, remember:
- Stay calm and respectful, but firm in asserting your rights.
- Document everything you can, including officer names and badge numbers.
- Seek medical attention if you’ve been injured.
- Contact an experienced civil rights attorney specializing in wrongful arrest as soon as possible.
At James Law Group, we’re committed to protecting your rights and holding law enforcement accountable for misconduct. If you’ve experienced wrongful arrest, excessive force, or other civil rights violations, don’t hesitate to reach out for a consultation.
Remember, standing up for your rights not only seeks justice for yourself but also contributes to a fairer, more accountable system for all.
Summary: Wrongful arrest, excessive force, first amendment retaliation
During a call regarding the transfer of children from one custodial parent to another, the officer became exasperated with the father. In particular, the officer appeared to be upset that the father had demanded the office leave his property after the purpose for his presence had ended.
When the officer did not leave, the father called and requested that another officer report to the scene. The officer on scene then warned the father that if he “said one more thing” then he would be under arrest.
When the father then dared say something back, the officer attacked and arrested him. As a result, the father was wrongly incarcerated for five days and suffered an assault while he was in jail. James Law Group was able to obtain a settlement for the father of $115,000.