I live in the state of Colorado and I was recently detained by a rookie cop who was accompanied by a more experienced officer for a municipal code violation of being in the Park after hours. Although the reason I was told I was being detained was for trespassing the officer did have probable cause to detain me though under the auspice of a municipal code violation. He did ultimately release me with only a warning. However after he searched me he brought my hands behind my back as if he was going to handcuff me. As he did this I relaxed my arms letting him move them at his will. When he did this he bent my elbow in the wrong direction hyperextending it. At the time I only felt a slight discomfort do to my body's natural release of endorphins. None of the officers had been on scene are aware that I was injured. Approximately two hours following my release I begin to feel an immense amount of pain in the arm where I had felt the discomfort as he brought my hands behind my back. The same day I did go to the hospital where a doctor who specializes in trauma diagnosed it as a sprain and confirmed that there was bruising and swelling. I am currently following treatment for this injury by taking at least the next week off of work as requested, wearing a sling, taking anti-inflammatory medication, and taking a very unpleasant medication I was prescribed to make the pain bearable. Although this is something that is typically expected to heal on it's own the doctor also wasn't willing to rule out the possibility of further complications. If there are no further complications it is my understanding that it will not be worthwhile for me to file a lawsuit. In any case I would like to make the officer who leads the Patrol Division aware of my injury and the officers improper technique so that his inadequate training and/or over aggressive behavior can be addressed, but I am afraid that if I do report my injury I will end up getting charged with the municipal code violation they let me off with a warning for as a retaliation.
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Let off with a warning, but injured in the process
- Thread starter Rob503
- Start date
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adjusterjack
Senior Member
Sounds like a personal problem, not a legal issue.
If you're afraid to make the complaint, don't make it.
I don't know what else you expect to learn here.
Sorry if my post was to vague
I'm trying to learn if it would even be legal for the officer to file a charge after the fact as a act of retaliation and if so would my injury or the failure to distinguish between criminal trespassing and municipal code violation of being at the park after hours offer me any defence against that charge ? I also forgot to mention in my post that it is only posted on the other side of the park that the park has a curfew and with the way the sidewalks are laid out along with the placement of other signs there is no real argument that that the other way is the intended way into the park.
I'm trying to learn if it would even be legal for the officer to file a charge after the fact as a act of retaliation and if so would my injury or the failure to distinguish between criminal trespassing and municipal code violation of being at the park after hours offer me any defence against that charge ? I also forgot to mention in my post that it is only posted on the other side of the park that the park has a curfew and with the way the sidewalks are laid out along with the placement of other signs there is no real argument that that the other way is the intended way into the park.
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quincy
Senior Member
I see a problem with you being able to sufficiently connect your injury to the actions of the police officer since you did not complain of pain at the time of the incident and you were not handcuffed or arrested.
If your goal is primarily to educate the department so they might train their officers better on how to restrict the movement of offenders without causing injury, you could make an anonymous report. Or, if you want to file a complaint with the Patrol Division against the officer who injured you, you could wait until after you take care of the violation to report it. You could include in your complaint a redacted copy of your medical reports.
If, on the other hand, you are looking to get out of the ticket and in addition be compensated for the costs incurred as a result of the injury, you should speak to an attorney in your area for a review. Again, I see a problem in connecting your injury to the officer and I don't see your injury as a way to get your ticket dismissed.
Good luck with whatever it is you decide to do.