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View Full Version : Organization to Sue people that make False Complaints



02-12-2007, 12:27 PM
Who here has had an Internal Affairs investigation or Review because someone, for some screwed up motivation, makes a blatantly false complaint against you? The problem is, Internal Affairs doesn't like going after these people, so people feel free to make all the complaints they want because they don't like being arrested or having their friends arrested.

I've been speaking with a lawyer friend about starting a non-profit organization; a team that would file lawsuits on behalf of deputies that have had false complaints lodged against them. The PBA doesn't engage in this because it's out of their realm of expertise.

I believe that hitting these people in their pockets and making it publicly known would have a dramatic effect in the way people file their complaints. I think that if people had a real fear of being sued for filing a false complaint, the practice would all but disappear. There are plenty of watchdog groups out there for people against the cops - we need to have a watchdog group that fights for the cops.

The way I was thinking about structuring it is this:
In any recovery, 50% goes to the deputy, 30% goes to the attorney and 20% goes to the organization for operating costs and expenses. Anything that the organization can't cover, I would personally take care of; The deputy would not have to pay anything out of his pocket.

I am considering this because I am sick and tired of people making false complaints against us, tying up our time, putting paper in our files and making it harder to advance in our career. On the back of the Internal Affairs brochure, it warns people that false complaints can result in their arrest or the deputy seeking civil damages, however, I think this is a very rare event. It is clear that the administration doesn't do a lot to discourage this behavior so it is up to us to do it ourselves.

I personally had two of these incidents. The second is so blatantly false, that the complainant contradicts herself in her statement several times. The allegation was made because the complainant’s friend was arrested and the complainant felt that if he/she made the complaint, it would look bad for us. This IA tied up my career for eight months that I consider lost. I am putting together a complaint for civil court in the amount of $31,500 against the false IA complainant.

I don't personally care if I win or lose; I could care less about the money. Even if the complaint is not granted, it will still cost them money to fight it. Any money that is won will be used for this non-profit organization to help my other brethren take care of business and let these people know that false complaints will not be tolerated.

Let me know what you think about this idea and if there is enough interest, I'll start the organization, assemble a team and get to work.

Heck - I wish I could do a post on this. To the moderator - is there any way to turn this into a voting post? If so, would you please do so?


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Tacman
02-13-2007, 12:06 AM
Heck yeah - someone needs to do something about these complaints. It's not enough that the administration encourages complaints but most of them have no foundation or are completely false. In my years of law enforcement, I've had about ten IA's and only one had any validity to it... of course, it was exonerated because it was in the course of duty. I support it, man!

02-14-2007, 12:24 AM
You obviously have no concept of the administrative investigation process. You both obviously have had a lot of complaints that IA has not substanciated. This doesn't mean the complaints were false. Maybe you both should do some investigation and get the correct information before posting. Better yet, start acting professional and you won't get complaints filed against you.

02-14-2007, 01:50 AM
You both sound like a bunch of morons. You obviously have no concept of the administrative investigation process. You both obviously have had a lot of complaints that IA has not substanciated. This doesn't mean the complaints were false. Maybe you both should do some investigation and get the correct information before posting BS. Better yet, start acting professional and you won't get complaints filed against you.

Please tell me what relevance the administrative investigative process has to do with people filing false complaints against deputies. You mean to tell me that because there is an administrative investigative process, that you can weed out false complaints?

So, you are telling me that people don't make up complaints against deputies? Maybe it is YOU that should do some investigating. As a sergeant, you probably get tons of complaints, most a load of crap and some completely made up. If you don't, you are probably a Parks or Airport SGT - it's hard to complain on someone because you don't like the way they handled your suitcase.

Deputies that do their jobs, bust their humps and act professionally probably get more frivolous complaints than anyone else.

02-14-2007, 02:03 AM
You both obviously have had a lot of complaints that IA has not substanciated. This doesn't mean the complaints were false.

I dont think hes talking about complaints that were simply unsubstanciated. I think hes talking about complaints that are actually false. At least thats what I get out of his post when he says malicious false complaints. Of course I could be wrong.

02-14-2007, 02:35 AM
If these have received many malicious complaints as they allege, they should be fired. While a working Deputy may generate complaints, it is the few that receive a lot. We don't need to be working with or depending on these law enforcement officers because they attempt to skirt the law and the rules. If a Deputy is professional and does his job correctly, they receive the fewest complaints. I like when people who know nothing of the administrative investigation process attempt to post something they are ignorant of and then attempt to attack the writer. Just proves again these type of people are in the wrong profession.

02-14-2007, 02:59 AM
Sgt 01, you have that right. These DS obviously have no clue what they are talking about. You can tell that by the tone of their post. They want to attack someone because of inmaturity and lack of knowledge of what they are speaking. You are right on based on your posts. It is true a DS who works in a high crime area and/or is pro-active will generate complaints on occassion, but if that same DS is professional in his dealings with the public, the complaints are reduced. These guys also forget the Sheriff personally reviews all complaints. I bet if we knew their real names and weren't hiding behind a screen name, we would find out they are "frequent flyers", people whose names are continually being complained on. This shows their lack of professionalism. Maybe they should actually concentrate on doing their jobs correctly, not taking shortcuts, instead of trying to form some quasi legal foundation to cover their mistakes.

02-14-2007, 04:47 AM
I think that it's a great idea. Good thing the PBA thought of it two years ago and passed legislation in Tallahasse. So, it is already something that you can sue for. Stop bashing the PBA and call them once in awhile to see exactly what things they're working on for us. If it wasn't for the PBA we'd still be in the dark ages as far as pay and benefits.
And, NO I'm not a rep, just a member like the rest of us.

02-14-2007, 05:46 AM
Go to a Street Survival Seminar and stay the third day (you have to pay more). The WHOLE day is spent on how to civil sue parties that slander or commit libel.

You also learn how agencies stop alot of bogus complaints by putting the text on the form about being open for civil lawsuit...

02-14-2007, 10:58 AM
It doesn't take a lot of false complaints - just one false allegation, to wreck a career.

Tacman
02-14-2007, 11:05 AM
I bet if we knew their real names and weren't hiding behind a screen name, we would find out they are "frequent flyers", people whose names are continually being complained on.

Actually, I'm a registered user and NOT a guest, unlike most of these people that post. So if you would like to know who I am, please feel free to send me a private post with your phone number and I would be happy to give you a call, discuss this and dispell any notion that I am a frequent flyer.

02-18-2007, 06:41 PM
So far, while a couple of people anonymously object, anyone who does not remain anonymous has voted Yes - unanimously. So far, no one has given a good argument agaist such an organization. THey have not listed any Cons - why it would be a bad thing. The only thing i see to this is an upside - not only would it be a good reason for people NOT to file false compaints (again, I'm not talking about just unsubstanciated... I'm talking provable false) but it would be yet another resource for an officer.

Their was a Broward D/S who had a female allege he masurbated in front of her. She made a complaint against him and it was found to be false. Please tell me what department, if he wanted to go somewhere else, would hire him. Someone made a good point before. If the IA was unsustained, that doesn't mean it didn't happen. It's just not provable.

Somewhere down the road, someone will look at this guys jacket, see this allegation and see it was unsustained. Because this someone has dozens of other candidates, he probably won't take the time to do the research and see that the complaint was made up. but shortcuts are taken when people are swamped with work. It's just a fact of life and it's a fact that this guy with this in his jacket will experience difficulty down the road because of it. The sad thing is, nothing will be done about it unless he files this civilly.

I'm sure people said the PBA was a bad idea when it was started but they didn't have a real explanation as to why. If there are any valid Cons to this idea, please let me know with an actual reason.

02-18-2007, 10:22 PM
Actually, when an acusation is unsustained or unfounded, only the face sheet remains in your IA file stating that an acusation was made, but not the details of the acusation.... At least it's better than the entire thing remaining in there for the world to see.

02-20-2007, 02:15 AM
Angry, looks like you don't know what you are talking about. Maybe you should do some research before you post something. That way you won't sound like a like you do here.

02-23-2007, 06:01 AM
I believe it is a great idea to have an organization represent us for suing those who make false complaints. I have been here 10 years and have had 2 complaints, both false. The IA investigator knew the complaints were false, but also advised that they have no cooperation from the State Attorney's office to pursue these people for making false reports. It would be wise for these people who make these false complaints to know there would be repercussions. However, most of these people who complain don't have a pot to piss in a a window to throw it out of, so I sure chances of recovering anything would be limited.

02-26-2007, 02:08 AM
... However, most of these idiots who complain don't have a pot to piss in a a window to throw it out of, so I sure chances of recovering anything would be limited.

It doesn't matter if they have nothing. It would be a burden that would linger over them for years to come in the form of a judgement. If they ever get a job, they will have to pay you. It will destroy their credit. It does not matter if they every pay a cent - it matters that it makes a hardship for them for doing something dishonest and perhaps they won't ever do it again. It will let people know that you don't mess around with making false allegations against a police officer because they've arrested you, a family member or a friend.

I think that is the point.

02-27-2007, 02:01 AM
Angry Deputy, tell us more. How would this agency be funded? Would you pay monthly dues, etc? Who would be eligible to join? What law firm(s) would be willing to do this? How much would it cost? What would be covered? How could we make contact? Let us know your ideas.

02-28-2007, 03:30 PM
Angry Deputy, tell us more. How would this agency be funded? Would you pay monthly dues, etc? Who would be eligible to join? What law firm(s) would be willing to do this? How much would it cost? What would be covered? How could we make contact? Let us know your ideas.

There would be no monthly dues and no joining. The money would come from any recovery of damages. The usual charge for contingency is 33 percent and the plaintiff is responsible for all fees. I'm planning on the attorney gets 30 percent, the non-profit org gets 20 percent and the deputy gets 50 percent of the recovery. And if there is no recovery, the deputy is not responsible for any money; the organization will eat the fees.

If a law enforcement officer had a provable false allegation (such as where someone makes a sworn complaint and they later recant it or evidence proves otherwise) then they make an appointment to make a complaint. I have a couple of attorneys interested, but I'm still trying to work out details.

03-01-2007, 03:01 AM
Let us know more when the details are worked out. Sounds good. Good work and good thinking on your part:)

03-05-2007, 10:21 PM
ABOUT TIME. There are "non" profits out there now that FILE IA cases against cops. It would be great to see someone take up the other side. Every cop doing his/her job is going to get a complaint sooner or later. I had a Sgt that said if you didn't get complaints from scumbags, you were not working.

All in all great idea. Where do we contribute to this Non Profit?

03-13-2007, 10:15 PM
Boy i have to tell ya, I feel fortunate NOT to work for the Sgt. and LT who feel it ok to call subordinates names. And they tell US to act professional?
If you choose to call me names, i hope you have the stones to take it like a man when i return the fire and not tuck . tail and cry and whimper "Insubordination". That would be a double standard. :roll:
GOOD FOR YOU ...you are 100% rite , these sgt-Lt 's seem to forget where they came from , they are the same ones that were *****ing about the old timer supervisors who use to treat them like a worm .

03-16-2007, 03:08 PM
I find it interesting that the Sgt. and Lt. who like to call their subordinates names, ARE NOW SILENT ! !

I guess they know there is NO DEFENSE for what they said.

It always amazes me how a guy can rightfully complain about the terrible supervisory skills and/or terrible treatment they receive form a supervisor. One way or another, they managed to get away from that supervisor and breathe a sigh or relief. Then a few years later, they get promoted to supervisor and what happens? They become just like the guy they hated years earlier. Supervisors, do yourselves a favor. Look at some of the most loved and respected supervisors of ANY rank and see what stands out about them. The fairness and respect toward their subordinates is all over the place. This doesn’t mean they cut everyone a break. On the contrary, it means they look at the situation, and treat EVERYONE with the SAME FAIRMESS and give respect regardless of the outcome. One part about respect you will also find is how they stand behind their troops when it’s the right thing to do, not just when it’s convenient to do so.

There will always be those who a supervisor has to ride like a bad habit, but if it’s done fairly, it’s right. I know of 1 man, a Captain now, who rode an individual hard because he was a screw-up. But on midnight shift, the DS was right in his actions and the then Sgt stood up and would not allow discipline to be taken against the DS. Now THAT’S A GREAT LEADER ! !
Feel up for the challenge, BOSS???????????? :roll:

03-22-2007, 07:07 AM
I'm not sure the D/S defending the union (union means for ALL the members, not a select few) or the Sgt and Lt. defending their positions. Listen up, if it were not for the huge size of the county, this would be Mayberry RFD as far as the style of police work. Give it a rest and stop complaining and bond together to make this a department you can actually be proud of, not one who sends 12 deputies, 2 K-9 units and a helicopter (at least $1,200 waisted) for a 21 of a vehicle. IT'S A PROPERTY CRIME folks, get a clue. PS: It also kills me, K-9 we are tracking west, K-9 we are now heading north, K-9 we are heading south, K-9 we are now going east.

Been There, Done That
03-22-2007, 01:40 PM
You are right. It IS a property crime. IT also happens to be a FELONY ! !
It is a crime that will continue over and over unless this person is caught. Someone may take his place but at least the one scumbag will be in jail, instead of sucking up good air with the rest of us. And if the K9s track sounds like a circle jerk to you, try going with the team as they do their work. Maybe you will understand then, Barnie.

04-08-2007, 10:46 PM
(BE THEN DONE THAT) your making allllll kinds of sense . I was a k9 officer for 5 years prior to getting promoted several years ago and all i can say is More then likey if a person is a k9 officer he is or should be a worker ( someone who likes catching crooks) I attended the Ft. Lauderdale K9 academy ,, in my opinion the hardest most informing school i have ever attended as a Police Officer and i feel there will never be another school like that if it wee not for the instructors there i would have not gotten promoted. We are always going to have those that want to Complain an let's face it you can't really do what you want to do because we would prob get written up or lose your job. I tell my troops everyday (it could always be worse) BE THERE FOR EACH OTHER!!!! All that other is going to come and go I will fight for you and make sure that NO ONE trys to take a crap on you an . Do your job the best you can with dignity,respect and be proffessional. We all make mistakes so don't be so quick to JUDGE. As far as Supervisors forgeting where they came from ,,,,,,,,,,, that not cool but sometimes it happens,,,,,,,,, but then again there are tools in place to correct that. The bottom line is we are all we have WE MUST STICK TOGETHER!

04-28-2007, 03:27 AM
I would be very much for this. I have had some discussions with people about the new Tasercams and several have said they are against them...just like the dashcams.

I wish I had a Tasercam or Dashcam years ago. Of all the IA's I've had everysingle one would have been shown to be not only unsustained...but would have been outright fabricated lies. To the Sgt that stated that someone who has multiple IA's is unprofessional I think that's pretty unrealistic. Why is it so hard to imagine that some turd you just busted for a felony that is gonna cost him some serious time would make a complaint just to annoy you? One of the IA's I had the female flat out admitted on tape during the interview that she knew full well that she was committing a felony during the time of the arrest. She made the complaint because she was pissed her car got forfeited.

Like I said, a camera would have ended every single complaint I've had right from the start.

I'd be all for suing these pukes that play the "lawsuit" lottery.

05-26-2007, 07:27 PM
If IA and Bradshaw did right by our deputies, we wouldn't be entertaining these bogus complaints...BUT: When you pay out $350,000.00 to a scumbag on the eve of your deputy's trial for a totally false copmplaint, what message are you sending to these scumbags??? FILE A BOGUS COMPLAINT, AND GET PAID!!! It's that simple folks!

06-05-2007, 01:00 PM
Good idea. I actually proposed such an idea to several attorneys about ten years ago. Unfortunately libel and slander laws (FSS 8836) are useless. While someone might be criminally charged and convicted for filing a false report, collecting civil damages is nearly impossible. Several hurdles have to be cleared to win your case. You have to prove that the allegation is false, that the person knew or should have known it was false, that they said or published the allegation with malicious intent, and that you suffered specific damages. If any one of those conditions is missing, the case will be dismissed. With that said, I still support the idea. Just show me where to sign up.

07-05-2007, 02:08 AM
When is this going to come to fruitation?

07-28-2007, 11:14 AM
I understand how come your I/A commander does not nail a person who they determine BROUGHT A FALSE COMPLAINT against any deputy. That would be filing a false police report and you could sue the complainant yourself and use the i/a complaint as your evidence. It is public record after all. If one of these complaintants is lying they should face the music. Thanks