QUESTION
Can I file a complaint against a police officer who pulled me over for no valid reason?
Asked on Jul 07th, 2012 on Automobile Accidents - Michigan
More details to this question:
I was pulled over for no reason around 1:50 a.m. on Saturday. I asked the officer why she was pulling me over. She said after you show me your license I will tell you. Then she asked for registration, and then asked for proof of insurance. I gave all items to her. Then I asked her again why was she pulling me over because I was not speeding, just driving home. Her response was she could not read my license plate, but as she got closer she could read them and ran the plates. I then asked her to show me what was unreadable on my plates and she replied, "nothing." The plates came back with no record, and she said "ma'am I'm no writing you a ticket." As a second officer pulled up, she told me I could leave. Do I have grounds to file a compliant?
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Yes, provide her description and badge number, if you have it, to the chief of police in the jurisdiction seeking to have her disciplined for an unwarranted stop. She was doing a random stop due to the time of the morning looking for a DUI violation which is wrong, but not unusual. As for a civil complaint, you have not mentioned any special damages and therefore it is doubtful that you have the damages necessary to support an civil action.
Answered on Aug 07th, 2012 at 2:23 PM
Dennis P. Mikko
You could file a complaint with the department. As for a lawsuit, the question is what are your damages?
Answered on Aug 07th, 2012 at 1:47 PM
Ronald A. Steinberg
Can you prove that there was "no valid reason" If not, do not waste your time. You could complain to the Police Department, and if the person has a track record of doing it, there could be an investigation. Government employees acting within their legal positions are immune from suit for being ordinarily negligent; the only claims that can be maintained against them are for 1) intentional acts, 2) gross negligence, and 3) civil rights violations. Those are difficult claims to prove.
Answered on Aug 07th, 2012 at 1:43 PM