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When a County Detective files a false report who is the disiplinary agency when the District Attorney refuses to
pursuit an investigaiton in the matter? The result violated a persons federally protected constituitonal rights.

2007-03-08 07:21:45 · 5 answers · asked by Anonymous in Politics & Government Law & Ethics

5 answers

Federal crimes are violation of federal criminal statutes (Title 18), just like state crimes are violations of state statutes. If someone (whether a public official or not) has violated a federal criminal statute, you can file a complaint with the FBI.

However, it seems you are talking about federal civil rights protections, such as 42 USC 1983. In such cases, your remedy is a civil law suit against the agent and/or agency who acted improperly, not a criminal complaint.

2007-03-08 08:09:30 · answer #1 · answered by coragryph 7 · 0 1

Dude, if what you are saying is true and YOU CAN PROVE IT WITHOUT A PROBLEM, do not waste your time with the DA. Take your proof and go and talk to any lawyer you want. They will be falling over each other to represent you. And you can negotiate no money up front. You will have so many lawyers wanting to take your case that you honestly can pick and choose whoever gives you the best terms. They will take it to that counties Superior Court, if denied there take it to the State Supreme Court, if that is denied, take to the United States Supreme Court. I doubt you will have to do all of that though because you will win. Hey make sure you watch your lawyer though. Because you will have such a slam dunk case he will try and wheel and deal himself a large (anything over 25% is too much) portion of your settlement. Go get em!! PS though, I dont think it is a federal crime though because he is not a member of hte federal government, he is a state employee. Still a crime though.

2007-03-08 15:29:04 · answer #2 · answered by Edmund Dantes 2 · 0 0

If the report is false and accusatory you may have grounds for a law suit. The initial investigation should have been done by Internal Affairs. If the person suffered any loss, either real or psychological, it would not hurt to talk to a lawyer.

2007-03-08 15:31:51 · answer #3 · answered by St N 7 · 0 0

have the victim contact the US Equal rights commission and initiate a complaint

2007-03-08 15:24:43 · answer #4 · answered by Anonymous · 0 0

You might as well forget it them cops are going to stick together even if they are guilty you gonna have hell proving it, but you more tham welcome to try call the F.B.I and good luck

2007-03-08 15:31:34 · answer #5 · answered by Anonymous · 1 0

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