Can I sue the Sheriff's department for their officers behavior? ?

Question

Yesterday my son was brought home by two officers. The officers were arrogant, condescending, harassing, threatening along with many other words I could come up with. My son was out with a friends BB gun that he bought from him for 4 dollars. My son is 11 years old and even though BB guns are legal I wouldn't buy him one because the kids in my neighborhood actually shoot at each other with them. My son was going down to the creek to shoot at the sand piles. On the way there (in the neighborhood, which is upper class) he stopped and for some dumb reason pointed the gun at someones house. Remember, he is 11. BB guns are legal to own. He did not know he upset the owners and he doesn't know who lives there. The owners of the house called the police on him. He was there for a few minutes and then continued to the creek. On his way back from the creek the officers brought him home to our house. The officers told me that he had pointed the gun at the house. I said to my son "so that is what you did with that 4 dollars". I said to my son "what the h**l were you doing pointing the gun at someones house?" he said he was practicing his aim. He definately wasnt doing it maliciously. I told the police that my son wasn't allowed to have a BB gun and I was trying to tell them how the other rich brats in the neighborhood act and my son just wants to fit in. The police said I was defending my son. I said to them more than 3 times that he was definately going to be punished because he went against me and bought the BB gun from the 8 year old around the block. We are talking about a plastic BB gun which is legal. I agreed that it was stupid for him to point the gun at the house. The police were very condescending toward me, they threatened me 2x that I had to get a lawyer and they were taking me to court. My son didn't commit a crime. One of the officers asked me what I thought would happen if he took it to school? I said "he isn't that stupid". Then I said "well of course he would get suspended", the officer said NO EXPELLED. What the heck does that have to do with my son going down to the creek by himself and being stupid on the way and pointing the gun at the house? The whole thing was them throwing their weight around and putting me down. They said I was defending him and that is why they were going to take it to court. The whole thing is ridiculous. I was definately upset with my son and he is grounded. But because I did defend him because they were treating me and my son as if he had a 357 magnum in his hand I did defend him as well. The police accused me of lying when I told them that I would never buy him a BB gun because I dont want him involved with the kids in the neighborhood. I went around the block later to find out what happened with my neighbor. My neighbor told me that his son, who is 8 years old, told the police he sold the gun to my son for 4 dollars. The police told my neighbor that they would just "smash the BB gun". This is wrong. It is not their property to destroy. It is mine and I want it back so I can return it to the neighbor and get the 4 dollars back or I will get rid of it myself. It is my property and it is LEGAL for my son to have it, even though I don't want him to own one. These police, like alot that I have ever dealt with in Tennessee were nasty. I know that police are there to protect us and that is great but that doesnt give them the right to talk to me like I am a piece of c**p and threaten me because they think I am defending my son. I am going down to the Sheriff dept today to get the BB gun back. If I don't get the gun I am going to file a complaint. I am sick with fibromyalgia, chronic fatigue, MS and other illnesses.Any stress makes me sicker and this had me totally upset and shaking last night. Today I am in so much pain. If they continue to be "holier than thou" towards me I want to sue them for their ridiculous actions because it is uncalled for and has made me sicker. They have no right to verbally and mentally abuse me then destroy the BB gun when it isnt theirs and it is legal for my son to have one, is it?

Answer 1

I am sorry about your illness, but the very first thing is that a 11 year old should not own, much less, go out shooting a BB gun.  I know in the society we live in today that we can't keep a child underfoot all the time, but 11 yrs old is too young to be wandering the neighborhood alone.  That may be why U were talked badly to by the sheriff.  Wasn't there, don't know.  Everyone is so sue happy, even when their at fault.

Answer 2

Whenever you sue cops, you're in for an uphill battle. However, I've sued them lots of times, and although they always put up a darn good fight, I've walked away with a bundle of cash every time.

First of all, the last people you'll want to take any advice from on this are cops themselves - or any one working in law enforcement for that matter. They don't have law degrees. They are typically your "locker room lawyers" with some knowledge of procedure in what they do in their jobs, but very little knowledge when it comes to civil torts and the type of law you need advice with.

So, first off, I would get a subscription to Westlaw, and begin poking around to see what types of public authorities protection statutes exist in your part of the world (your state, your county). Those may have limitation periods, notice periods, that kind of thing. Those may also provide immunity for certain types of public officials. You will need to know what these are.

Next, use Westlaw to begin searching case law in your jurisdiction pertaining to police lawsuits. In fact, type in the precise name of the Sheriff's Department in your area, and see what cases come up. Someone has sued them, I can tell you that. And, in that case law, you will find the names of counsel who argued the cases against the cops.

Write down the names of those lawyers, search for their telephone numbers in the state's bar directory, and call them up. Certain lawyers sue cops for a living, and are much better at it than others.

In the end result, you may end up suing the Sheriff's Department, the individual deputies, the state attorney general's office and one or more municipal corporations.

You will likely have to sue everyone with even a wrinkle of connection in respect of the appointment and the authority of these deputies.

And always keep this in the back of your mind in case you ever get discouraged (which you will) during what will be a long process: Would they (sheriff's deputies, that is) sue you, if they thought they could squeeze some money out of you? Ahaha.

OF COURSE they would!  They would sue you, first, because they don't give a rat's behind about you, your children or whether you had enough medicine to prevent your child from dying tomorrow. Second, they would sue you, because this is America, and that's what we do here in America.

ADDENDUM

You're going to go down to the Sheriff's Dept? Excuse me, but that's a nutty idea. You NEVER go into sheriff's offices without a lawyer, a tape-recorder or both. Never.

Cops are the thin blue line that keep us safe from the Neanderthals and drug fiends that unfortunately cause most of the crime. However, they are also a machine in that they stick together, and cover for each other no matter what. They don't rat each other out.

Going to see the police captain and hoping for anything at all that bodes in your favour, is like a hen going into a foxes den and trusting that the fox elder won't eat you.

Stay the heck away!

Answer 3

Your going to sue the department for doing their job in keeping everyone safe? You feel that they were condescending to you, when you in fact, are quite guilty of it yourself. If I saw someone standing on my lawn with a gun at my house, I would have gone after them with my own, I don't care what their age is, a gun is a gun.

I couldn't agree with -hey there- more. I think she nailed that one, and that's why your so mad.

Answer 4

You could sue (b/c you can sue anybody pretty much) But instead what I would do is file a formal complaint against them. They have rules about how they can and can't talk to people. Unfortunately there are alot of cops who forget that.

Honestly I can see why you are mad. The neighbors overreacted. What would have made more sense is if they said something directly to your son or if they had come to you. Why involve cops over a bb gun? I highly doubt that they really believed he had a real gun pointing it at their house...especially given his age. And then the cops acted stupid too. It's one thing to come and tell you that hey the neighbor called and we have to check it out...tell your kid not to do that again. But to start all the court stuff? Over a plastic bb gun? Ridiculous.

Answer 5

I don't blame the police at all. Your going to consider suing them over your son pointing a gun (I don't care if its a BB gun) at someones house. Do you have any idea how many people get shot at because they hold up "fake" guns. The people on the other end have NO IDEA if its real or not. So, he's 11? So what. Do you know how many 11 year olds have REAL guns. Get you head out out of the clouds and see what is really going on here. Stop blaming the police for your lack of supervising your own child. And your medical excuses have no bearing on how to raise a child. With parents like you, no wonder the jails are overcrowded. Please, by all means, take the department to court, it might be good for you to see where he is going to end up in a few years if you keep making excuses for him. Plus, the judge will side with the police. Trust me on that one.

I have a "real gun", legally. If I ever pointed it at someones house, or at another person (outside of the line of duty), not only would the police take my gun, I would loose my license, and be out of a job, and possibly face real time. Just because you have something LEGALLY doesn't mean you can use it in an irresponsible manner.

I'm sure the "thumbs down" came from you, because its not what you want to hear. Wow, just goes to show....

Answer 6

Yes, you can sue any police agency, police officers, and the jurisdiction that administers them (county, city) for violation of your civil rights, for failure to properly train and supervise their officers, or for unnecessary infliction of emotional distress (if you can prove deterioration of a medical condition).

However, this will end up in (federal) court, will take a couple of years to settle, and will cost you a lot of money on lawyers and court fees.

Alternatively, you can file an administrative complaint about the alleged "outrageous" conduct of the officers, which will be investigated by a local commission (often the department itself, but sometimes citizens too).   You can also call the local news people and turn up the heat on the way the local sheriff manages non-crimes in the area.

From your story, it sounds like you have all over-reacted to a non-issue, since no crime was committed and nobody was hurt. You can ask for the BB-gun back, as you say they are legal to possess and there were no criminal charges for which it would be "evidence."

Answer 7

Yes you can sue, but quite frankly you will probably lose. Many such agencies are immune from suit through a doctrine called Sovereign Immunity. It depends on your individual state laws. Also, the public usually is unwilling to hold a sheriff's office accountable for fear of retribution. A better solution may be to report this to your city council and mayor.