collincountytx
New Member
Not sure where to start on this one, but let me just present the facts. I am looking for my options as a citizen and would like to see if I need to take further steps to make sure justice is served, and recoup any damages that I am legally entitled to.
September
I was out with friends one evening, as well as ex girlfriend for drinks. We all left the bar we were at, and I drove the ex girlfriend back to her car, dropped her off, and then went home. My home is about a 45 mins from where I dropped her off at her car, and as I was driving back to home I continually received text messages and phone calls from her. Some of them were civil, however others were to the effect of "I will burn your house down, and kill you in your sleep" or ones such as "I will ruin every piece of you". I got home, set my house alarm, and got in bed. About 10 minutes after getting in bed, the alarm went off because the female had driven over to my house extremely intoxicated and tried to enter the home and made the alarm go off. I ended up getting up and opening the door for her and turned off the alarm. i asked her what she wanted, and said she wanted to get a few things she had left at my house a while back, so I said ok thats fine, come in and get your things and then leave. She went into the master bathroom to retrieve her belongings and I got back into my bed. She immediately came out of the bathroom area screaming and hit my in the head and started choking me. I jumped up and said she needed to leave and if she didnt stop this behavior I was going to call the police. needless to say, she didnt stop and I called the police. I have about a 5 minute phone call from that moment on, until the police arrive. She is screaming in the background of the 911 dispatch call, "Thats so mean, youre going to get me arrested", she hit me in the head while I was on the phone with dispatch, and the entire time of the 911 call I am trying to escape from her along with the advice of the 911 dispatch operator. I ended up going outside to escape from her, and she came out of the garage area and started to hit my car windows and chase me around outside. She started to go back into the home as I was still on the phone with dispatch, but I figured she was going to grab my shotgun that was laying against the wall in my garage and try to shoot me. (2 weeks prior she went for my handgun in my car and I had to have the police come and get her).
On the dispatch recording I say, "I'm going to hold her right here so she wont go for the gun, and I held onto her wrist and didnt move." 2 seconds later the police pull up in the driveway, and ask us both to move away from each other and separate. She is hyperventilating because she thinks she is about to go to jail. (Has a conviction for assault as a juv, burglary of habitation, assault misdemeanor and a dwi on her record.). I told the officer what happened, apparently she lied (I did an open records request of the incident report and found this out.). I was charged with felony assault class 3, impair breathing/circulation. 2 long months later was my grand jury hearing, and thankfully this individual/respondent was supenoed in the GJ and told the truth of the evening. I was no billed that day, and this nightmare was over (or so I thought).
I also remember that since we were both outside the City police and County Sherrifs both entered my house, even though we were both standing outside. The door was shut, and they entered anyways. In there, they took pictures of a few scratches on her arms, and other evidence (which I have seen and there is nothing to support their false charge of what they said I did). they proceeded to look throughout my entire house, even as far as the master bedroom closet and other rooms. Apparently they made comments about the home, and the officers ended up taking pictures of themselves posing in front of my large new home/landscape. about 15 minutes after I was placed in the back of the police car, the officer came and read my Miranda rights. I was booked in the jail, and bailed out 12 hours later. The officer put on his report that he saw me dragging her down the driveway, even though that didnt happen and his dash cam "malfunctioned" and there is no video evidence, and that her heard her screaming for me to let her go. Well I have the 911 audio recording and there isnt any audio of that, only her saying im so mean because she is going to get arrested and her being completely drunk and obnoxious in the background. The officer didnt believe the truth when I told her, and said well I didnt see any of that and I dont believe you. The arresting officer wouldnt let her make a written statement, because he said she is too intoxicated to make a statement. more so, when I was taken to jail, he let her stay at my house overnight by herself, and told her if she drives, she will be arrested for DUI.
I've come to find out the city has hired a consultant due to over police activity that is not ethical, and all sorts of ill-intended activities the department has done.
I've spent over 8k on legal fees to put a lawyer on retainer, thankfully the case got no billed because she told the truth that the offense never occured, and that she was in fact the aggressor.
I've sense applied for a protective order from this girl a few months later because she has assaulted me a few other times, and tried to break into my home while I was here. I did call the calls one night and have them issue her a criminal tresspass warning.
At the protective order hearing, the judge basically said I was making all of this up and that I was acting like a 15yr old. he issued both of us mutual restraining orders, which now affects my ability to do business because I cannot go to her place of work, which is a location that my company has provided services to for well over a year before she arrived there. She continues to contact me, even thought the restraining order prohibits contacting each other, however currently I don't want to take the time and resources to file suit and show she is in contempt of court. the police department in my city refuses to take any action against her, even for the false police report. I have an affadavit of non prosecution that she signed a few days after my arrest that tells the truth, and even copies of my cell phone log that says I called her many times that night and asked her to come over, even though my cell phone log shows the opposite- her calling me numerous times.
I've got all the text messages with her threats, her admission on email and text of what she did, and numerous friends that she ended up telling the truth to where she assaulted me.
Questions:
1) is there an ability to recover damages from the police department city for false arrest / violation of 4th amendment-civil rights? It has cost me alot of money, I have lost business because of it, and my reputation has been horribly damaged.
2) ability to request a remedy to the damages that were caused by female who lied to the officer, and was the one that assaulted me?
Please contact me if this is something I am able to look into further, as this female continues to harass me and my family, and my wish is for it to stop.
September
I was out with friends one evening, as well as ex girlfriend for drinks. We all left the bar we were at, and I drove the ex girlfriend back to her car, dropped her off, and then went home. My home is about a 45 mins from where I dropped her off at her car, and as I was driving back to home I continually received text messages and phone calls from her. Some of them were civil, however others were to the effect of "I will burn your house down, and kill you in your sleep" or ones such as "I will ruin every piece of you". I got home, set my house alarm, and got in bed. About 10 minutes after getting in bed, the alarm went off because the female had driven over to my house extremely intoxicated and tried to enter the home and made the alarm go off. I ended up getting up and opening the door for her and turned off the alarm. i asked her what she wanted, and said she wanted to get a few things she had left at my house a while back, so I said ok thats fine, come in and get your things and then leave. She went into the master bathroom to retrieve her belongings and I got back into my bed. She immediately came out of the bathroom area screaming and hit my in the head and started choking me. I jumped up and said she needed to leave and if she didnt stop this behavior I was going to call the police. needless to say, she didnt stop and I called the police. I have about a 5 minute phone call from that moment on, until the police arrive. She is screaming in the background of the 911 dispatch call, "Thats so mean, youre going to get me arrested", she hit me in the head while I was on the phone with dispatch, and the entire time of the 911 call I am trying to escape from her along with the advice of the 911 dispatch operator. I ended up going outside to escape from her, and she came out of the garage area and started to hit my car windows and chase me around outside. She started to go back into the home as I was still on the phone with dispatch, but I figured she was going to grab my shotgun that was laying against the wall in my garage and try to shoot me. (2 weeks prior she went for my handgun in my car and I had to have the police come and get her).
On the dispatch recording I say, "I'm going to hold her right here so she wont go for the gun, and I held onto her wrist and didnt move." 2 seconds later the police pull up in the driveway, and ask us both to move away from each other and separate. She is hyperventilating because she thinks she is about to go to jail. (Has a conviction for assault as a juv, burglary of habitation, assault misdemeanor and a dwi on her record.). I told the officer what happened, apparently she lied (I did an open records request of the incident report and found this out.). I was charged with felony assault class 3, impair breathing/circulation. 2 long months later was my grand jury hearing, and thankfully this individual/respondent was supenoed in the GJ and told the truth of the evening. I was no billed that day, and this nightmare was over (or so I thought).
I also remember that since we were both outside the City police and County Sherrifs both entered my house, even though we were both standing outside. The door was shut, and they entered anyways. In there, they took pictures of a few scratches on her arms, and other evidence (which I have seen and there is nothing to support their false charge of what they said I did). they proceeded to look throughout my entire house, even as far as the master bedroom closet and other rooms. Apparently they made comments about the home, and the officers ended up taking pictures of themselves posing in front of my large new home/landscape. about 15 minutes after I was placed in the back of the police car, the officer came and read my Miranda rights. I was booked in the jail, and bailed out 12 hours later. The officer put on his report that he saw me dragging her down the driveway, even though that didnt happen and his dash cam "malfunctioned" and there is no video evidence, and that her heard her screaming for me to let her go. Well I have the 911 audio recording and there isnt any audio of that, only her saying im so mean because she is going to get arrested and her being completely drunk and obnoxious in the background. The officer didnt believe the truth when I told her, and said well I didnt see any of that and I dont believe you. The arresting officer wouldnt let her make a written statement, because he said she is too intoxicated to make a statement. more so, when I was taken to jail, he let her stay at my house overnight by herself, and told her if she drives, she will be arrested for DUI.
I've come to find out the city has hired a consultant due to over police activity that is not ethical, and all sorts of ill-intended activities the department has done.
I've spent over 8k on legal fees to put a lawyer on retainer, thankfully the case got no billed because she told the truth that the offense never occured, and that she was in fact the aggressor.
I've sense applied for a protective order from this girl a few months later because she has assaulted me a few other times, and tried to break into my home while I was here. I did call the calls one night and have them issue her a criminal tresspass warning.
At the protective order hearing, the judge basically said I was making all of this up and that I was acting like a 15yr old. he issued both of us mutual restraining orders, which now affects my ability to do business because I cannot go to her place of work, which is a location that my company has provided services to for well over a year before she arrived there. She continues to contact me, even thought the restraining order prohibits contacting each other, however currently I don't want to take the time and resources to file suit and show she is in contempt of court. the police department in my city refuses to take any action against her, even for the false police report. I have an affadavit of non prosecution that she signed a few days after my arrest that tells the truth, and even copies of my cell phone log that says I called her many times that night and asked her to come over, even though my cell phone log shows the opposite- her calling me numerous times.
I've got all the text messages with her threats, her admission on email and text of what she did, and numerous friends that she ended up telling the truth to where she assaulted me.
Questions:
1) is there an ability to recover damages from the police department city for false arrest / violation of 4th amendment-civil rights? It has cost me alot of money, I have lost business because of it, and my reputation has been horribly damaged.
2) ability to request a remedy to the damages that were caused by female who lied to the officer, and was the one that assaulted me?
Please contact me if this is something I am able to look into further, as this female continues to harass me and my family, and my wish is for it to stop.
