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4th amend right violations

Discussion in 'Constitutional Law & Civil Rights' started by michaelalmond, Apr 2, 2008.

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  1. michaelalmond

    michaelalmond Law Topic Starter New Member

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    my door was kicked in , the residence forcibly entered , i was taken outside and to the ground cuffed and struck repeatedly in the back of the head , my three friends were also detained. my residence was searched as well as the vehicles of the friends without warrant probable cause or exigent circumstance or consent. we were detained in my front yard for about 4 hours. no charges were filed or official arrests made. the police stated that they "thought" the home was abandoned to try to justify warrantless search and seizure. i have since proven residency and now they blame thier actions on a neighbor who reported that "no one lives there" and are claiming qualified immunity based on this pretext. is there not a policy or custom or procedural rule that must be followed to make contact with an occupant or investigate the state of a residence prior to using force to seize the occupants and search said residence? can i not sue the city as the atty for the police has not produced any policy or procedure that police must follow to avoid the violations that took place (if there isnt one)?
    my case is ithe southern district of wv.
     
  2. Scooterdog

    Scooterdog New Member

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    Ya, there is something they must follow, and its called the Constitution.

    You can file an action in Federal Court.

    You could try to sue the city for not properly training the police.

    It doesnt matter who says what about imunity or anything else for that matter, it only matters what the court decides. Demand a jury trail in your tort action.
     
  3. michaelalmond

    michaelalmond Law Topic Starter New Member

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    it was filed in august 2005 in the us district court in the southern district of wv. i have a pretrial conf april10. i am disabled , how do i afford to take depos and such? i am acting pro-se
     
  4. Scooterdog

    Scooterdog New Member

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    You may be able to get the cost's waived. I don't know on depos. You can do them yourself, but you will still need a court reporter. You could try to hire a laywer just to take the depositions for you. That may be a little cheaper.
     
  5. michaelalmond

    michaelalmond Law Topic Starter New Member

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    demand

    april 10, 2008 i went to federal court. the judge asked that i and opposing counsel reach a settlement by august (the discovery deadline) i was asked to make a demand. how do i calculate the demand?? unlawfull arrest, detention, search and seizure, intentional infliction of emotional duress, battery, and psychological damage that has made me extremely paranoid. i have very bad issues with anxiety when i come into cotact with authority figures. i would think that most of the $$ damages would come from the psychological damage.(government conspiracies and all!!) please let me know thanks: almondnuts:)
     
  6. CdwJava

    CdwJava Moderator

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    What does your attorney believe is an acceptable amount to request?

    - Carl
     
  7. michaelalmond

    michaelalmond Law Topic Starter New Member

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    demand

    i have been representing myself pro-se since the filing in august 2005.....
     
  8. CdwJava

    CdwJava Moderator

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    You may have to do some inquiry and look up the reasoning behind similar cases to determine an amount.

    - Carl
     
  9. brianaeking

    brianaeking New Member

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    I have seen two similiar cases where defendants have been awarded aprox. 750 thousand dollars by police agencies--one was awarded 720 and another 780 (thousand).
     
  10. michaelalmond

    michaelalmond Law Topic Starter New Member

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    case law

    can you privide any case #s for research comparison???
     
  11. michaelalmond

    michaelalmond Law Topic Starter New Member

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    probable cause/exigent circumstances

    FREE ADVICE FORUMS-CRIMINAL LAW/ARREST, SEARCH AND SEIZURE/almondnuts. CHECK IT OUT!! discovery ends 8/10/08, need help!!
     

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