Saturday, March 15, 2014

I wanted to see if I can pursue a case against the two precincts that arrested me for false assault.

Q:  I was arrested on 2/5/2014@3 am. I was not read my rites. At 245 am I was in bed at my boyfriend when we heard loud banging, it was his ex that broke in using a knife. She then came into room where I was rip the sheets off me which then knife grazed me on my thigh then he got knife away she grab a wine bottle and pushed in my face so I grabbed her hair and hit her twice he broke us up then he lifted her out of the apt she then bust the door open he threw her out again and bolted the door she said gonna call police because we had her stuff boyfriend threw it out the window so we waited for the police.we went down they told to put our hands on wall and don't move she told them we attacked her.handcuff all three of us without reading rites when we transfer they had me and her in same cell


A:  David's Answer:  On these facts, your claim is most likely not against the police, but against the ex-girlfriend for filing a false complaint. First you'll need to get the criminal case dismissed. Then you can sue her in civil court for "abuse of process." Schedule a consult with a Bronx civil rights lawyer for a full assessment.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

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