Can cops be sued for dereliction of duty when they intentionally drop a case that has overwhelming evidence supporting the alleged crime? (crime in this case was dotting a child's eye at 6 yrs old)
2006-12-15 01:53:18 · 6 answers · asked by Red Winged Bandit 4 in Politics & Government ➔ Law & Ethics
She blacked his eye. From his statement for not turning the nintendo off when she demanded that he do so. The cops do have pictures and interviews from the child, myself, the mother, and the CPS, and presumably school officials(idk about that one)
2006-12-15 02:01:00 · update #1
Filing suit against the police can only occur under certain circumstances, because the police are a branch of the state, which usually have immunity. In cases where the officer has committed a personal tort, then maybe, but if it falls within the lines of discretion, then you usually can't do anything about it.
2006-12-15 02:04:22 · answer #1 · answered by On Time 3 · 0⤊ 0⤋
You can give it a try but winning would be difficult. It seems that the only cases people win against the police are brutality cases and even then the victim normally gets a settlement. Of course the other part of this that we never hear about is the aftermath of the lawsuit. I would imagine that people who sue the police are subjected to a good deal of harassment once the case is over so if you sue the police who mishandled this investigation you should make plans to move far away from your area once the court case is completed.
2006-12-15 09:59:34 · answer #2 · answered by Al G 4 · 0⤊ 0⤋
i think you posted a question a while back. first, what amounts to dereliction of duty? in most jurisdictions -i am not sure about your place- police (or at least the public prosecutor, etc) has the power to decide which case he wishes to pursue, etc. invariably, this has to do with whether the police have enough evidence to pursue certain case. if there is an overwhelming evidence supporting the alleged crime... well, i guess you have to ask your lawyer.
2006-12-15 09:59:43 · answer #3 · answered by counterculturalist 3 · 0⤊ 0⤋
In my opinion, though not an expert, there is not a definite answser to this one. Taking on the government is hard b/c you have find a statute whereby they have wiaved governmental immunity, which most legislatures in act so as to keep the government answering to the people, but hey you have to find it in your municipality. After that, you will have to prove that they took on the duty of protecting the child and that the child was relying on their completion of that duty. Since this is truly a discretionary call on the officer's part, you will have an uphill battle - but that doesn't mean it is impossible.. However, you could at least file a complaint against the officers so as to document their non responsiveness.
2006-12-15 10:07:57 · answer #4 · answered by hello 2 · 0⤊ 0⤋
I guess like all things, money can compensate you for anything (getting raped, family member killed, etc). Sueing the police does nothing but hurt the entire community they're supposed to be helping. There may be overwhelming evidence, but if every piece of it can be picked apart into nothing by a lawyer, its no use. People get convicted with little evidence, people get of scott free with overwhelming evidence. What is "dotting"?
2006-12-15 10:06:59 · answer #5 · answered by Dr. Douche 3 · 0⤊ 1⤋
What is "dotting"?
And I do not believe they can.
2006-12-15 09:57:12 · answer #6 · answered by Elerth Morrow ™ 5 · 0⤊ 1⤋