On June 2, 2013, while standing on a public sidewalk and approximately 90 ft. away, Shawn Nee was arrested for photographing officers from the Los Angeles Police Department. The officers claimed he interfered with their police investigation. Shawn was transported to the Hollywood police station, handcuffed to a bench, and escorted into an interrogation room where he was questioned by a detective. The arrest lasted approximately 1 1/2 to 2 hours. Shawn was eventually released without charge.
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That there sir is an unlawful detention and/or kidnapping, and a violation of usc 1983 civil rights violation and actionable in both state and federal court. You start by filing a formal internal affairs complaint and sending copies to the chief of police, the prosecutor’s office and the mayor. If the prosecutors office refuses to file charges, and he will, then find an attorney who hates the police and is willing to file federal charges.
At the very least, the city attorney will want to settle out of court for 20 to $30k just to avoid trial expenses and risking a loss of hundreds of thousands.
The officer clearly made a mistake, you could really send a message by signing an agreement with the city to remove the city from the lawsuit, stipulating the officer acted outside the scope of his employment, thereby, relieving the city’s obligation to fund the officer’s defence.
The officer will then have to turn to his union and his own personal savings to fund an adequate defense.
A loss in a 1983 civil rights action can result in all attorneys feed paid plus high monetary penalties and prison time. This is a no bullshit course of action and quickly gets law enforcement attention.
The police are not affected by blogs or protesters. They hardly rate as a nuisance.
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