police harrassment

[kingtxag]

What is the name of your state (only U.S. law)? Texas,
I have a brother and father-in-law that I do not get along with at all.

My two in-laws are constantly calling the city police and the sheriff's department on me. Each and everytime a detective will call me and get a statement and no charges are generated against me. But each a everytime Detective Smith gets the complaint I am arrested without him doing one ounce of investigating. No phone call to get my statement or my witnesses's statements. He has had me arrested 6 times in one year, 4 of them in the last month. The first 2 charges DA dropped stating lack of evidence. I didn't even hire an attorney. The remaining 4 charges are pending and I am 100% confident I will beat these charges.

When I beat the last 4 charges, do I have a case against this one detective that appears to have it out for me?

I would dearly like to sue the City Police Department for harassment, intimidation, rights violations and/or anything else that would be legal and possibly provide me a win.

Thank you anyone,

King

 

[Trickster]

First, before you sue a city I suggest you study the case of Monell v. New York City Dept. of Social Services. Just Google it, read it, absorb it. In that case you will find in pertinent part that if a city doesn't have a policy to do something and an employee )police) does it anyway, then the employee (police) were NOT acting pursuant to city policy. Therefore, unless the city has a policy to go out and arrest people (not just you, but others) then the city is not liable. A policy can be established by a "custom or usage" where city officials KNOW that things are being done and ignored up to a point that a policy is essentially made due to the city not stopping the "custom or usage". Therefore, I do not see any claim against the city.

However, you can sue the officer in his individual capapcity and not in his official capacity. By suing an officer in his official capacity it is tantamount to an action against the city. In other words: Case Dismissed. But to sue an officer in his/her "individual" capacity then you have another problem, most attorneys will not take such a case because an "individual" normally doesn't have deep pockets filled with cash. But in such case, you will have a tremendous hurdle to jump called "qualified immunity" that the officer will claim somewhere during the proceedings and move for dismissal in a summary judgment motion.

 

[JQ Citizen]

Can you add which county in TX?

If the police are called they have an obligation to investigate the matter, and unfortunately the accused is often not consulted or given any credit for truthfulness. If police are harassing you, you can contact the Office of Public integrity, and/or Internal affairs.
Often the best way to handle these matters is to write a lot of letters, you can write to the Police Station Captain. If the police are being called on you frequently, and if they are calling 9-1-1 you have the right to purchase recordings of those calls, usually no more than $10, for call records and CD copy of all the concerned calls. look for Open records request.
If they are calling non-emergency no recording, and it weighs heavily upon what it is they are accusing you of.
It leaves one to wonder if multiple calls to law enforcement are given credibility why are they not seen as harassment of you?

Google Texas Penal Code 38, regarding your rights to avoid arrest.

 

[BOR]

Google Texas Penal Code 38, regarding your rights to avoid arrest.

I am curious, what exactly is a "right to avoid arrest"?

 

[CdwJava]

What are the complainants alleging when they call? Are they demanding an arrest be made alleging a crime was committed in their presence?

Perhaps you need to sue your relatives who keep reporting you to the police. If you think you are being arrested unlawfully, consult an attorney who can evaluate the situation. It may well be that nothing improper has been done.

Understand that the probable cause to justify an arrest is a lot less than the standard required for a conviction. So, an arrest can be valid even if the case is dropped or even dismissed.

 

[Zigner]

I am curious, what exactly is a "right to avoid arrest"?

Perhaps the poster was trying to say that the OP should research his rights so that he may avoid arrests in the future?