Do I Have a Legitimate Case Against the Police?
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Do I Have a Legitimate Case Against the Police?
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This is a long story so please bear with me. I'm a male in my late 20's from East Orange NJ. March 20th, around between 9:30 to 10am I was driving my coworker home from our work. She lives in a apartment building. she was suppose to pay me on Friday, being that I brought her in and taken her home all week. Her money was in her car that died, and was located in the parking deck area. She told me to drive in and park by her car so she can get her money and pay me. I proceeded to drive into the parking deck. I drove in, and parked next to her car. As soon as I parked, I seen flashes of light. EOPD cruisers , unmarked cars, and even suv's rolled into the parking deck. I figured, hmmm maybe their doing a sweep of area. Well they all parked behind my car. The police car closest to me, an officer jumped out with his gun pointed at me and told me to get out of the car. I opened my door, and exited the vehicle. I said whats the problem, I just got off work and I'm dropping off my coworker. At this point several officers had guns aimed at me. Officer said shut up, and lay face down, which i did. While i was face down on the ground I was searched. I was pulled up, then tossed up against my car and searched again. I asked whats the problem, I was calm the whole time. Police officers will not tell me why they are doing this to me. I was thrown into the back seat of a police car, and stayed there for about 40 mins. During that time, officers asked my female coworker questions, they searched my vehicle, took pictures of my vehicle inside and out. Talking on the walkie talkie to someone that to me was at the station. Finally a officer open the door and took me out. He said "Do you know whats going on here?" I said no. Officer told me that a attempted abduction and a rape happened between 6am and 7 something am, that the perp used a vehicle identical to mine, and that I wasi n a location where the rape happened my car fit the description and they pulled me over. So I thought ok, I guess they were doing their job and said fine. One officer smirked and said I"ll be getting pulled over some more. This was a tramatic experience. That Friday night and Saturday night, EOPD gave information to the press to air on the local news stations. On the 10 and 11pm news they state the abduction and rape in East Orange, and stated the locations of the incidents, and said the perp is slim african american, and he was driving this car, now they showed a picture of a cadillac sedan deville body style from 1994-99, if you car people know its the big boxy sedan deville with 4 doors. They showed the car on the news in black with black cloth top, with the cadillac factory rims, which is the same exact car I drive, which is a black 1995 cadillac sedan deville. Now I knew I would be a suspect to people. I still had no choice but to drive my car to and from work, which means I have to drive through East Orange. From monday through Thursday, I was pulled over 2 more times, and harrassed, even though the description of the perp states hes dark. I had civilians curse at me , throw things at my car when I';m at red lights, and on a night driving to work, I had a pedestrian that tried to from my point of view run me off the road. Now on Thrusday 6 days after the crimes, EOPD have the Star Ledger place a sketch of the subject, BUT!!! also they gave another description of the cadillac. For all those people who knows cars, as I stated before, I have a 1995 black sedan deville, which on friday and saturday March 20,21, EOPD have local news air the story and they showed a black cadillac body style 94-99 which is identical to mine, cloth top black and silver cadillac rims. as the vehicle the perp was using. On the March 26th edition of the Star Ledger the article under the sketch of the subject states, that the subject used a cadillac deville, 2001-2005 model, black, gray interior, GOLD rims, with a tv screen. As you know a 2001-2005 deville body style, looks nothing like a 95 cadillac deville, which eopd first advertised on the news and in starledger as the vehicle the perp was using. So now i was held with gun bin my face, thrown up against my car and finally told what was going on after they took my out of a police car after 40mins, also dealing with angry citizens who took the information of a 94-99 body deville, and when they seen me atpped at red lights, took it upon themselves to either call police or throw stuff at me, and EOPD had the wrong description of the car in the first place. I was paranoid as to whether a citizen would attack me while i was at a red light, get stopped at gunpoint again even though the perp was descriped as dark. Do I HAVE A CASE TO SUE, SINCE EOPD SCREWED UP THE DESCRIPTION OF THE CADILLAC WHEN THEY FIRST WENT PUBLIC WITH THE INFO ON MARCH 20TH? Pain and suffering due to stress and anxiety from local east orange residents, from officers who pull me over at gun point? LEt me know.
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trooper3316
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A successful lawsuit required two things: negligence and damages. As long as the officer's actions were reasonable, you have no case. |
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delive_rance
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For me my only question is why you like to sue? Sue them on what charges you have in mind? To file a criminal suit or a civil damages concerning the wrong publication of the vehicle in question? The wrong reporting of the vehicle in question is mainly coming from the television station not necessarily the police itself don't you think. EVERY BODY MAKES MISTAKE. In my own opinion the EOPD didn't screwed up the description of the cadillac or the vehicle itself they do not have the exact model or description just like you said there are many vehicles much the same only through bumper or model that they can be distinguished. It is like a twin brothers or sisters which is hardly easy to spot the real Jenny to Ginger or Richard to Raymond for example.
Even the police can make a mistake. Your problem can be solved in wrongful arrest or apprehension if only you left your vehicle in the house and just take the bus in going to your usual job or work until the HEAT cools off then I do not see the problem of the police officers or even civilian taking pot shots at you always make the mistaken identity out of you.
There couldn't have been hardly any pain nor suffering on your part if you only use your common sense on this. You knew too well the vehicle under surveillance and under hot water is the similar to the vehicle you are driving at the moment so why in the heck you didn't just dump that vehicle of yours in your own home and either walk your way home or ride the bus. Simple isn't it. Even a child of 10 years old could understand it. Now you want to take action to the mistakes of the EOPD. You found a hole in the system they have now is the time to take revenge or strike while the iron is hot as they say. Well for one thing you ain't got no case to begin with. The EOPD will fight this one tooth and nail with you, even if your lawyer is as good as a nail itself.
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Mr. Goodhi
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No.. |
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avgjoe
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You would be far fetched to find an attorney who would be willing to take this case based off of your emotional trauma. The police department went by what their eyewitnesses had told them so you would have to sue them for the wrong description that the police had ran on the news and in the paper.
Unfortunately this will happen some times as the witness is confused because of their own trauma by what had just occurred to them and sometimes get the descriptions of what they saw wrong.
You are lucky though that the officers didn't detain you for three days before they released you or brought you in front of a judge or magistrate to tell you what you were being charged with. They could of done this by the law. |
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