Civil suit agianst a cop

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raymond_I

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My wife is bipolar and had a manic episode. With these episodes she becomes very violent (opposite of her normal personallity) anyways I took the car keys from her as I won't let drive in this state as she has wrecked 2 car before while in this state. An argument had insued and she was attacking me trying to get the keys. I kept trying to get away from her by walking away completly but she followed and would attack trying to get the keys. I Kept pushing her off me in order to protect myself from injury. This kept going on as I walked into a convienence store and she then proceeded to block the exit after I made a purchase. I asked the attendent several times to please contact the police. After 10min in the store she finally called and my wife step away from the door allowing me to leave. I left the store and my wife agian started to attack me. After 15 min she started to leave the area and started to come down from the manic episode. 5 min later the an officer shows up and I flagged him down. I explianed the situation to him but he stated that he was lost in the explination and exactly who I was.
A second officer shows up 3 min after the first. tracks down my wife and brings her back. The cops asked if I was injured and without even looking myself over I said not really. They asked if she had an injuries or marks on her. I agian stated that she was attacking me and I did push off and away from me and that she had slipped a few times on the gravel. They goto talk with my wife and come back to me stating that if I gave her the car keys that they'll just let us both go as my wife agreed to leave the area. I re-informed the officer that I would not give the keys because of her current mental state and stated that she can call a cab to leave. The officer then informed my that I was under arrest for domestic violence.
I was shock and amazed at this and stated that I only pushed her to protect myself and I asked why I was being charged the female officer at that point stated, I quote,"It's assumed that you were the aggessor due to your size compared to her's" at which point I pointed out that my wife has a record and that police have been called multi times to help get her under control. I told them to check the survailence cams in the store and they just looked at that direction and stated there are no camera's and didn't even check with the attendent.The female officer then asked if I feared for my safty and I said yes in which she just snickered.
Both the male and female officer went to conversate and next I know they have the police photographer coming to me to take photo's of any damages to my body. I stated that I would not consent to these photo's in which their response was that I had no choice that I'm a suspect.(They never did take the photo's). I was the handcuffed and taken to jail. My question is would I have a civil suite since they did nothing to investigate any of my cliams such as medical issue's, checking with the store attendant or even with the females officers comment that I must be the aggressor due to my size.
 
There is no legal requirement to fully investigate any crime, much less defense claims.

If charged by the DA and brought to trial, you can bring up some of this stuff in your defense ... her history, the attendant as a witness, etc.

- Carl
 
You don't have a civil suit, whatsoever.

What kind of Bi-Polar is your wife? The only kind that would make sense is the very rare "mixed" Bi Polar. . . manic events usually last about 10 days.

Is she on drugs or use alcohol too much?
 
Also,

you lied about fearing for your safety. You clearly didn't. If you did, you would have ran away/driven away from her and called the police yourself.
 
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