Patrick
Regular Member
imported post
*REMOVED* Per advice from fellow members.
Patrick
*REMOVED* Per advice from fellow members.
Patrick
I'm very sorry that this happened to you. If you need assistance for your defense fund, throw up a paypal link and I'll give what I can.Sorry it's such a long story but in reality the story is MUCH longer. Does anyone out there have an opinion on this situation?
I'm very sorry that this happened to you. If you need assistance for your defense fund, throw up a paypal link and I'll give what I can.
If it happened like you said I am extremely upset. It makes me very glad that I now carry an audio recorder around my neck (under my shirt).
That is great to hear.My attorney is paid in full and he said the price will not go up if we take it to trial.
That makes a big difference (My wife had trouble reading it before).Patrick wrote:I was approached by several police officers who knew that I carried a pistol from a previous encounter.
I have a CPL however I was open carrying at the time of this incident.
U.S. CODE > TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983
§ 1983. Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
U.S. CODE > TITLE 18 > PART I > CHAPTER 13 > § 242
§ 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
If everything happened as you say, you may be able to buy a new motorcycle soon. Ask Mark Edward Marchiafava; read his story at this link. http://www.2theadvocate.com/news/27706824.html
So how much were you awarded and what kind of motorcycle did you buy?XD-GEM wrote:If everything happened as you say, you may be able to buy a new motorcycle soon. Ask Mark Edward Marchiafava; read his story at this link. http://www.2theadvocate.com/news/27706824.html
Well if a couple hours of lockup gets you a motorcycle, I wonder what a couple of days is worth? I spent two miserable days and nights sleeping on cold concrete without a mattress or pillow with twenty other people who have questionable hygene habits. For a couple hour stretch I was forced to lay on the filthy ant infested concrete floor because all of the concrete "benches" were taken when I was put in there. Not to mention any time someone took a pee, the smell of urine wafted throughout the cell travelling along the floor. I think gravity is 10 times stronger in jail because my hip bones hurt for two weeks after I got out. It felt like I was sleeping under a compact car pressing me against the concrete. Time slows toa crawl in there also. I did get t use a partial roll of toilet paper as a pillow for a short time though.
Patrick
Again I must protest that only HALF the story is presented! Step back one single section in Title 18 to Sec. 241 where you will find it to be a FELONY violation to CONSPIRE (two or more acting together) against rights.If everything happened as you say, you may be able to buy a new motorcycle soon. Ask Mark Edward Marchiafava; read his story at this link. http://www.2theadvocate.com/news/27706824.html
Show the following to your lawyer.
......
U.S. CODE > TITLE 18 > PART I > CHAPTER 13 > § 242
§ 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Did you seek or were you denied access to medical care while in jail? Do you have lingering injuries from the assault? Have you sought medical care since your release?
The answers to these questions could determine the amount you will get at settlement...