Can the officer be charged with violating their oath to protect being there was a missing report for this child at the time these events took place? 6 Answers as of May 08, 2014

I have studied hours and hours over the past few years in many areas of law covering a case and trying to get it all together. My daughter was kidnapped. The charges only gave this woman a couple of days. Police let the woman go who took my child hours later when they pulled the suspect over then let her go. The whole time she kept my child thinking nothing was wrong.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
No. You could sue her for the false imprisonment.
Answer Applies to: Michigan
Replied: 5/8/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
My guess is probably not. Government employees such as policemen enjoy certain immunities from civil liability under the Constitution. Your best bet is to go after the kidnapper.
Answer Applies to: Alabama
Replied: 5/7/2014
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
No. The police have discretion. Even when they fail to exercise good judgment, they are immune from suit.
Answer Applies to: New York
Replied: 5/7/2014
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Don't think so. why don't you get on with your life. You are not permitted to second guess police work and DAs decisions
Answer Applies to: North Carolina
Replied: 5/7/2014
Law Offices of George H. Shers | George H. Shers
I am sorry for the pain you endured, but to sue a public entity and/or its employees, you must first file a claim with the entity, normally within 6 months or so. A lawsuit would have to be filed within two years. The Police Department probably will not accept a complaint about an incident many years ago. The officer involved will probably argue that he did not have detailed enough of a description of the woman to think she was involved in the kidnap. I hope your daughter is doing all right. I think you will have to try to lessen your negative emotions as much as you can.
Answer Applies to: California
Replied: 5/6/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I do not understand your question, the problem here is with the kidnapper, not the peace officer. Even though the woman may have been pulled over some hours before and allowed to continue on her way is not an issue until after she kidnapped the child. Even then if the officer did not recognize the child was kidnapped certainly the officer would not be at fault. The kidnapper is the criminal.
    Answer Applies to: Michigan
    Replied: 5/6/2014
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