Discrimination by Police in investigating a crime

Previous | Next
 rated by 0 users
Latest post Sun, Jul 18 2010 7:05 PM by Taxagent. 5 replies.
  • Thu, Jul 15 2010 11:24 PM

    • New England
      Consumer
    • Not Ranked
    • Joined on Fri, Jul 16 2010
    • VT
    • Posts 3

    Discrimination by Police in investigating a crime

     I was disabled by toxic substances and called in the EPA after finding them at my workplace (problem with owner of building, not employers).  Because I am a whistle-blower and a litigant in this matter, even though the actual negligence case has been dormant for years now.  While living in a New England state, I experienced stalking, harassment, and vandalism of my property which kept me from maintaining a stable place of residence. A severe asthmatic as a result of my original injuries, similar chemicals are used to damage my rentals and car.

    Last July, one stalker approached me and threatened that this was going to continue because of my litigation.  I called 911 and the responding officer promised action.  I hired a private detective when I was able to get license plate info on the stalkers and got their names and addresses (three of them). Those were given to the police along with photographic evidence and proof of motive (multi-million dollar suit, inactive as it is).  After four months of escalating activity by these criminals and no activity by the police, I finally got a copy of the original police report.  The young officer wrote that I was disabled (with a made up diagnosis since it isn't even the kind I suffer from) and therefore incompetent to make such charges - he closed the investigation before it was even pursued. All of my subsequent charges and evidence was placed in the same closed file. 

    Continued criminal activity robbed me of my residences, led to many ER visits and cost me my remaining healthl. Of course it also kept me unable to work at my law suit - most effectively.  I tried to file a case with the human rights commission of that state but they declined to make any formal complaint and put me in touch with that police chief.   The Chief then came up with a new reason not to investigate - he refused jurisdiction in the matter because further crimes of that type occured  in other places.

     I had asked the commission to sue for only one dollar and a change in policy (plus their costs) but now, I am very damaged by their refusal and was forced to leave that state.  Can I sue the state of Vermont for the denial of help by the police?  Can they be forced to interview the suspects from a year ago in case something can be learned about who hired them?  Can I obtain damages to be able to afford the services of a PI to help me as well as surveillance equipment now that the problem has escalated even though I've moved across country?  The police here took the complaints but say they lack the resources to help.  I received a death threat two weeks ago. Don't suggest my attorney on the negligence case should help - he's refused,saying he's never heard of this happening and doesn't know what to do.  But then he never completed discovery either and the case is in limbo until that happens now.

    I asked civil rights lawyers from that state for help but they are afraid to mess with the police there. Is there federal jurisdiction so that an out of state attorney can help me with this?

     

  • Fri, Jul 16 2010 12:32 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: Discrimination by Police in investigating a crime

    No you cannot force the police to take action.

  • Fri, Jul 16 2010 3:21 PM In reply to

    • New England
      Consumer
    • Not Ranked
    • Joined on Fri, Jul 16 2010
    • VT
    • Posts 3

    Re: Discrimination by Police in investigating a crime

    Thank you for your answer. I understand they cannot be forced to do anything and have the right to put limited resources to other uses. However, in my case, they actually gave reasons for refusing to investigate which I have in writing. All were completely inaccurate or biased in nature. The officer libeled me by putting false information into his report about my disability and history, although I offered my medical records for review.   By custom there, that  officer 'owned' the case so no-one else was permitted to either review it or help me to file new charges for subsequent crimes.  When the Chief became involved solely due to a request by the HRC, he refused jurisdiction for crimes which happened within his own precinct's territory. Throughout, I had been denied the news that nothing would be done until, after four months, I paid eight dollars to obtain a copy of the report and it's discriminatory content.

     

     

     

  • Fri, Jul 16 2010 3:25 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: Discrimination by Police in investigating a crime

    Sorry - nothing illegal appears to have happened. Cops usually give a reason for non-action and are generally protected from civil suits for actions in the course of their duty.

  • Sat, Jul 17 2010 3:10 PM In reply to

    • New England
      Consumer
    • Not Ranked
    • Joined on Fri, Jul 16 2010
    • VT
    • Posts 3

    Re: Discrimination by Police in investigating a crime

    Thank you for your reply but it doesn't speak to my specific question. I hope another attorney will weigh in on this. Yes, the police did offer reasons. Those reasons were discriminatory (my disability issues) or outright lies (re jurisdiction as they answered the 911 call following the threat).  The failure of that jurisdiction to act was the basis for future refusals in other jurisdictios to act saying to bring it all back to the first one as a related case. That means I am going to be murdered eventually.

    The question remains is the fact that the police denied action for reasons which themselves are illegal and is that actionable?

    Thank you.

  • Sun, Jul 18 2010 7:05 PM In reply to

    Re: Discrimination by Police in investigating a crime

    New England:
    Can I sue the state of Vermont for the denial of help by the police?

    You could file the suit, but you'd lose. First, the state is not responsible for the acts (or lack thereof) of the local police. That is the responsibility of the local government that employs the police—city, county, township, whatever. Second, the state has immunity from suit except for those things for which the state has consented to be sued.

    New England:
    Can they be forced to interview the suspects from a year ago in case something can be learned about who hired them? 

    I assume you mean can the police be forced to interview them. The answer to that is no. The police owe you no duty to investigate in the first place, and to the extent that they do investigate, they determine how that will be done. You cannot control the police investigation.

    New England:
    Can I obtain damages to be able to afford the services of a PI to help me as well as surveillance equipment now that the problem has escalated even though I've moved across country?

    What you'd do with any damages you won isn't relevant. What matters is whether you have a good claim to pursue and what damages you suffered as a result of the conduct. So far, you've not said anything that suggests a good claim against the local government involved here. You'd need to show that the police determination was made solely on the basis of illegal discrimination. Even though the cops might have lied about their reasons for investigating, that is not something that itself gives you a legal claim to pursue for damages. You still are left to prove that the real reason was an impermissible one. If the real reason was a permitted one, you won't win anything.

    New England:
    Is there federal jurisdiction so that an out of state attorney can help me with this?

    Federal jurisdiction (i.e. being able to sue in federal court) does not mean that an out-of-state lawyer may represent you. The case would still have to be filed in VT, and only attorneys admitted to practice in that state may represent persons in federal court in that state. You can look for attorneys in other states that are licensed in VT (there are very likely some in neighboring states). In addition, an out-of-state attorney may be able to seek admission in VT pro hac vice (which means that he/sshe can only represent you on that one matter and not any other matter in that state). You'll need to do some searching to find one.

    Your real legal claim, it seems to me, is to sue the persons who are actually causing you the harm. You apparently already know the names of at least some of them.

Page 1 of 1 (6 items) | RSS

My Community

Community Membership New Users: Search Community