Have you been involved in a lawsuit?
I've spoken to a number of lawyers and most have advised against litigation.
The 2 year statute of limitations has passed for the incident I would be suing about.
In happened on March 7, 2021.
I have the footage of the incident:
https://imgur.com/a/7LRFeCC
The law does allow for the statute of limitations to be exempt if you have a disability.
Also, the police tried to withhold the footage from me. I only obtained it in November, 2023.
I first tried to access the footage at the end of June, 2022. It was withheld from me for over 16 months.
I was even told my file was on the inactive case list and would not be actively worked on only 2 weeks before I obtained the footage. I was relentless in my pursuit of the footage.
The fact the police tried to stop me from getting it is damning towards them, IMO.
One lawyer told me that I'd have to prove I could not comply with the police.
The facts:
-The fact that the desk clerk would not accept my report of nearly being struck in a cross walk
-I never raised my voice and never used profanity during my conversation with the desk clerk.
I was calm during the exchange w/the clerk
-No one ever mentioned to me that I would be forcibly removed-it was abrupt and the force of the removal was totally unnecessary
-The manner in which I was removed was abrupt, without warning, and the use of totally unwarranted unnecessary excessive force -without any warning whatsoever-directly contravened my charter rights ( to safety, security) in a public building where I went to report a serious traffic incident that almost resulted in me being hit and potentially killed.
The cop who assaulted me had a history of misconduct (had lied to the police previously) and has assaulted at least one other civilian.
I have a written statement from another civilian they assaulted only a month after me.
There is footage of that incident as well that this person is trying to get.
I can bring the argument that the police should have terminated them long ago as they were unsuitable for law enforcement.
Last edited by 123autism on 09 Feb 2025, 4:02 pm, edited 2 times in total.
In America it is quite difficult to win a lawsuit against law enforcement officers, even when they are guilty, because the system is set up to protect itself.
You will need to find a lawyer willing and able to help you with this if you do decide to pursue. I would suggest looking into The Institute for Justice for guidance and hopefully support. Things like this are all they do and are very good at it.
Thank-you, and I am well aware that the 'system' is designed
to protect law enforcement.
It is very rare to file suit agains the police and win where I'm from.
I am not an American. I'm a Canadian.
I think I may even act as a self represented litigant.
No one knows the case as I do.
If I do hire counsel I have one person I may contact.
In a way, I think it would be fun to sue them and win.
If I don't sue them, I am letting them off the hook.
Yeah it's a difficult one but I hope you can get something sorted. It's gonna be a hard battle for you and I wish you all the best...don't let them off the hook if you think you have a chance at this
The police have wasted my time on so many occasions that it's hard to count...stop and search etc etc
_________________
We have existence
I have some idea of what might happen if I file suit.
Immediately the police's lawyers will try to file for dismissal on the basis of it being more than 2 years ago.
I'll say 'Hold on, here is my autism diagnosis, I have a disability and under the law the 2 years does not apply'
Then they'll probably say 'The officer was justified in the force used'
I'll say 'He absolutely wasn't and provided no warning to me. I had a right to be present and the police are at fault for their unprofessionalism in failing to take my traffic statement.'
They will do everything to try and shut me down and avoid a settlement. My perspective will be to eviscerate their arguments, to get the judge to see through their BS and approve a settlement as soon as possible.
They don't want to pay out because they always think they are right, but I have to make the judge see that I was wronged and deserve a settlement. I have to shut them down and I think I have some chance.
Yes .....beware , unless you have a very "solid"case, hopefully with witnesses? Hopefully your lawyer will work on pro bono , or a commission basis . Evil trick in Litigations ...is to out spend resources than the other guy....
Not intending to discourage any lawsuite,especially against the Police . If you have solid facts to present in court ,
You may ask lawyer or Research Summary Judgements. Consider cops have and will Lie about facts in court .
Witnesses and pikkies will help alot. If you go to Court absolutely avoid letting the circumstance or appearance of court room intimidate you ! Court procedures are designed to keep Normies( not legally trained) out .... Bring an energy bar
even water bottle if needed. And if the Lawyer for the Police sees you have witnesses, just before trial, they will go as far as trying to get them alone and intimidate them out of appearing for you . If court defense lawyer for the cops , sees any weakness , even fatigue,on your part, they will move your trial to the next session, and the next, until stress and inadequate nourishment affects you . ..If smart, you may ask for a continuance ,if police lawyer tries this .
He will be aware that your witnesses maynot be able to afford time off to keep showing up to Court .
Am not just : complaining had one very determine defense lawyer on cities payroll do this to me and my witness on a simple infraction case. Where I was on the defense side , they were trying to convict of a trumped up felony. I got so sick by third call with court, and my witness was intimidated out of staying by the cities attorney. So I was alone.
And very ill, no food, no support. Weaving about standing up in front of judge , with no blood sugar condition,only Then I copped a plea to a lesser misdemeanor charge. Of destruction of public property . In reality . I had dug some holes on side of my property, well within the property line by over 15 feet, to plant a couple of very pretty bushes. Neighbour did not like me, cause I would not associate with predators.imho. And called his personal friends at Sheriff dept. Eventually lost the property and home. Regarding same city Lawyer that undermined the legal system for me before .This IS based on real life experience . In the town I lived on the outskirts of.Approx 10 yrs ago
Best of Luck with this situation.
_________________
Diagnosed hfa
Loves velcro,
Not intending to discourage any lawsuite,especially against the Police . If you have solid facts to present in court ,
You may ask lawyer or Research Summary Judgements. Consider cops have and will Lie about facts in court .
Witnesses and pikkies will help alot. If you go to Court absolutely avoid letting the circumstance or appearance of court room intimidate you ! Court procedures are designed to keep Normies( not legally trained) out .... Bring an energy bar
even water bottle if needed. And if the Lawyer for the Police sees you have witnesses, just before trial, they will go as far as trying to get them alone and intimidate them out of appearing for you . If court defense lawyer for the cops , sees any weakness , even fatigue,on your part, they will move your trial to the next session, and the next, until stress and inadequate nourishment affects you .
![Twisted Evil :twisted:](./images/smilies/icon_twisted.gif)
He will be aware that your witnesses maynot be able to afford time off to keep showing up to Court .
Am not just : complaining had one very determine defense lawyer on cities payroll do this to me and my witness on a simple infraction case. Where I was on the defense side , they were trying to convict of a trumped up felony. I got so sick by third call with court, and my witness was intimidated out of staying by the cities attorney. So I was alone.
And very ill, no food, no support. Weaving about standing up in front of judge , with no blood sugar condition,only Then I copped a plea to a lesser misdemeanor charge. Of destruction of public property . In reality . I had dug some holes on side of my property, well within the property line by over 15 feet, to plant a couple of very pretty bushes. Neighbour did not like me, cause I would not associate with predators.imho. And called his personal friends at Sheriff dept. Eventually lost the property and home. Regarding same city Lawyer that undermined the legal system for me before .This IS based on real life experience . In the town I lived on the outskirts of.Approx 10 yrs ago
Best of Luck with this situation.
I'm sorry Jakki you experienced this. There are so many people and situations that end up in the courts
which shouldn't. The courts can be abused and it sounds like this was the case for you. Is there any way to have your record disappear?
I faced a harassment charge for contacting that now ex cop who assaulted me. I was angry because the police refused to charge him. (He was eventually charged through a private prosecution last year, though the prosecution halted it)
I made comments (no threats) over email and had to deal with that. It was very stressful.
However, I was not convicted. My lawyer achieved a peace bond agreement. It is not an admission of guilt.
It was for 18 months. Basically do not contact said person. It expired about a year ago.
I've wondered how much did the police spend investigating me? They failed to convict me. So they lost there.
I have represented myself in court on 3 occasions when I was arguing the conditions of the peace bond.
I actually enjoy the aura of speaking and presenting myself.
On one occasion I was successful in arguing to the judge
that the peace bond document needed to be amended. I said you have to omit 'Cst' (constable) from the cops name because he resigned and no longer held that title. The judge agreed. That was a small victory.
In my case I don't think there are any witnesses, but there is CCTV footage
and that tells the story.
I have talked to one lawyer who specializes in cases of police misconduct.
For me this is all speculation, but I think there's a reasonable chance I do go forward and file suit at some point this year.
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