Thursday, December 15, 2011

What? D.A.'s have "ablolute immunity" and Police have "qualified immunity." How do you get around that?

Qualified immunity gives police officers, attorneys, judges, and basically anyone acting in an official capacity on behalf of the government immunity from being sued to pay for damages, actual or punitive as long as they were acting under color of law and were not violating your civil rights. However, you can sue the DA, police department, and judges to make them do something or prevent them from doing something. This is called suing for an injunction or declaration. You CAN sue the police to make them arrest someone, but they are given considerable discretion on this and you may lose. I would speak to the DA again and explain that you would very much like to press charges. It would likely help if you got the services of a lawyer, who would likely help with a civil suit against the attacker as well.

No comments:

Post a Comment