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| Re: ROBBED BY A COP— PROPERTY DESTROYED! (521703) | |||
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Re: ROBBED BY A COP— PROPERTY DESTROYED! |
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Posted by trainsarefun on Fri Nov 23 11:17:32 2007, in response to Re: ROBBED BY A COP— PROPERTY DESTROYED!, posted by Terrapin Station on Fri Nov 23 10:45:46 2007. 1. People shouldn't give definitive legal advice without legal training.2. It's possible that destroyed photos could be compensated for, theoretically, at least. But the real question is what the practical likelihood of compensation is as informed by pertinent legal precedents. Answering that question isn't a matter of navel-gazing; it's to be informed by a few hours of research. ---- The topic is, alas, far too long for me to read in full, but the standard sort of legal tactic to combat the behavior complained seems to be a CIVIL lawsuit under 42 U.S.C. 1983, a federal statute which prohibits actors acting under color of state law from infringing one's federal rights, to which one would piggyback a claim for legal fees and costs under 42 U.S.C. 1988 in the event that the suit were successful. But please note that this is complicated stuff. (Lawyers are professionals, after all, and in limited supply). The federal right has to be clearly established. There's a question of whether to bring suit in state or federal court, and where specifically an experience lawyer senses an advantage. There's a further question of whether the actors allegedly acting unlawfully were supposed to know that there conduct was unlawful, i.e., whether or not the actors are entitled to "qualified immunity", which circles back to how well established the right violated, in context, is. Please note that these questions are not easy ones and that a seasoned lawyer might find even more questions to ask and answer, and that further, I don't presume that the government is going to just roll over, and finally, one needs to recognize whether he can prove his allegations in a Court, because sometimes one person's word doesn't cut it. Anyhow, these sorts of questions are properly directed toward someone that knows the relevant law inside and out. |
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