Woman sues police/officials over false arrest
Jul 1, 2011 7:59:46 GMT -5
Post by avordvet on Jul 1, 2011 7:59:46 GMT -5
Havertown woman’s lawsuit against police goes forward
By LOIS PUGLIONESI, Times Correspondent, Thursday, June 30, 2011
HAVERFORD — A Havertown woman alleged that a neighbor and former township employee with whom she had a longstanding feud conspired with police to harass and falsely arrest her.
In a complaint filed in U.S. District Court for the Eastern District of Pennsylvania in November 2010 and amended January 2011, Janet Watson and her husband, William Watson, claim that police officers summoned to their home by the neighbor, John Pili, attacked, assaulted, battered and illegally seized Janet Watson, then placed her in a jail cell overnight where she was deprived of sustenance and medical attention, “forced to beg for toilet paper” and “endure the humiliation of going to the bathroom in an area visible to male officers.”
The Watsons’ formal complaint includes assertions of civil rights violations, assault and battery, false imprisonment/arrest, negligence, intentional infliction of emotional distress, and loss of consortium directed in all or part against Pili, Haverford Township, the police department, Officers Harvey Pike and Steven Gill, and three unidentified police department personnel....
www.delcotimes.com/articles/2011/06/30/news/doc4e0bda59ecbc5365458500.txt?viewmode=fullstory
Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
The DOJ is probably looking into this case right now...
By LOIS PUGLIONESI, Times Correspondent, Thursday, June 30, 2011
HAVERFORD — A Havertown woman alleged that a neighbor and former township employee with whom she had a longstanding feud conspired with police to harass and falsely arrest her.
In a complaint filed in U.S. District Court for the Eastern District of Pennsylvania in November 2010 and amended January 2011, Janet Watson and her husband, William Watson, claim that police officers summoned to their home by the neighbor, John Pili, attacked, assaulted, battered and illegally seized Janet Watson, then placed her in a jail cell overnight where she was deprived of sustenance and medical attention, “forced to beg for toilet paper” and “endure the humiliation of going to the bathroom in an area visible to male officers.”
The Watsons’ formal complaint includes assertions of civil rights violations, assault and battery, false imprisonment/arrest, negligence, intentional infliction of emotional distress, and loss of consortium directed in all or part against Pili, Haverford Township, the police department, Officers Harvey Pike and Steven Gill, and three unidentified police department personnel....
www.delcotimes.com/articles/2011/06/30/news/doc4e0bda59ecbc5365458500.txt?viewmode=fullstory
Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
The DOJ is probably looking into this case right now...