Q: my friend(female) was arrested by a police officer. she was a passenger while driving in a taxi. taxi was being perverted and threatning. after a dispute of the location the passenger requested cab driver decided to immediately drop her off.as she went to pay for the cab fare he violently grabbed her hand and broke her purse. my friend then out of fear pulled out a box cutter and advise the cab driver to leave her alone. when cops arrived my friend got arrested. she believes the cop was being unjust. Majority of cops did not want to arrest her as she was acting in self defense ( she is 4'9 weighs 120lb.) but the senior cop had it out for her. how can we file a suit.
A: David's Answer: First, she should reserve her right to file a lawsuit by filing a notice of claim within 90 days from the date of the incident. Second, generally one cannot met non-deadly force with deadly force. Thus, for the lawsuit to stand any shot at all, the charges would need to be dismissed by the criminal court Judge on a pre-trial motion to dismiss for failure to state a cause of action (probably unlikely). Your friend should nevertheless schedule a consult with a Bronx Civil Rights lawyer for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
David Bliven is a former prosecutor who handles police misconduct cases as well as governmental agency (CPS & ACS) misconduct and fair hearing matters. His website can be found at www.blivenlaw.net.
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