Friday, June 27, 2014

How to get justice when you are being rail-road by the justice system.. when you have the city defending you???!!!


Q: I live in Harlem.. In May last year, the police enter my home, said they had a search warrant, my ex was here at the time,, they said it was for him..( his name is not on my lease)they enter my home with force,we was on the floor already when they entered(myself my ex) He was hit in the house and hit in the van(two fracture ribs, eyes swelling , and a scar on face) no warrant was purduce till 90 days later, we was arrested my self, son and ex, we filled a complaint for excessive force. than again the police enter my home still no warrant, but my previous case is still open.. the one that put hit my ex came in after the police had handcuffed us and said( do you think your complaint is going any were) and now a year later they are trying to bring up new charges. were is the justice?   The second time they came into my home they said there was a marijuana clip on my daughter window ledge(16) she was arrested too, this time, but it was dismissed. the cops are lying, but how do you prove your not guilty, if you have a judge dismissing charges as he said when my attorney asked why his response was(because i said so)and the reason was that the first judge at our arraignment said if no warrant is given within a certain amount of time, the evidence will be thrown out, that from the first case..so that was the judge response to that motion.. even for a 3030 denied.. i have no record.. nor do my son. were is the justice if you have no wins with the justice system, i forgot i am black and living in Harlem in the projects.


A: David's Answer: Because you have a rather complicated fact pattern, the best thing you can do is to schedule a consultation with a NYC Civil Rights attorney.  -- David Bliven, Bronx Civil Rights & Police Brutality attorney (www.blivenlaw.net)

Can i sue my sister in law who is spreading rumors and damaging my son reputation in community we live in.

Q: she got divorced from my brother and my brother was seeing the kids on weekend only they are waiting for custody. she stopped the kids to see the father, who is currently living with me. she told them you cant go to your aunts (me) house because a drug user is in the house. and also she told the social worker same thing. she spread rumors that my son got arrested. all lies. she did damage to my reputation in community but i let it go but now she is hurting my sons feeling and his good character. my brothers kids called and said mom said you cant go because your cousin is a drug user and got arrested they even emailed to my brother asking is my son got arrested. my son is 16. can i sue her. today when kids social services called she told us that she spoke to her even about my son.


A: David's Answer: Technically a "libel" suit (the category you posted under) is a written form of slander - and there is nothing stated about her doing anything in writing. Moreover, slander usually entails some form of demonstrable economic injury. You may wish to report her to the police; while it's unlikely they'll actually arrest her, they may "encourage her" to cut it out. Ultimately, depending on the circumstances, you may be able to consult a Family Law attorney about filing for an order of protection.  --  David Bliven, Bronx civil rights attorney (www.blivenlaw.net)

Saturday, June 7, 2014

Can I sue the school for making false claims against my son and harrassing him?

Q:  It started with a rumor that a kid started about my kid was going to bring a gun to school. My kid has never done anything wrong in school, never been suspended or anything and because of that rumor the principal called the cops and tried to make it look like my son was the kind of person who would do that. My son went to a mental facility and was evaluated and they said he has no homicidal tendencies. He was away from home for five days because of this. Now whenever anything happens at the school, like a foul odor a cop comes to the door to question my son. What do I do?


A:  David's Answer:  You may wish to consider a lawsuit against both the school & the police for arresting your child without probable cause. The issue may be whether they actually had reasonable grounds from brining him to the mental facility involuntarily. This will take a full assessment by a civil rights lawyer - so call one in your area & schedule a consult.   -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)