False Arrest of an Officer by an Officer

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  • Vsotok10

    Mad Scientist
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    May 2, 2010
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    CENLA
    From the advocate http://theadvocate.com/home/2364866-125/judge-wont-dismiss-lawsuit-against

    A federal magistrate refused to dismiss a lawsuit filed by a retired police officer who alleges he was handcuffed, arrested and held overnight for criticizing the Mamou police chief.

    The court cited evidence that the town and its officers relied on an unconstitutional statute, withheld relevant facts and evidence from a judge and misrepresented other facts in order to obtain an arrest warrant against Bobby Simmons in May 2008.

    Simmons was arrested on one count of criminal defamation May 21, 2008, with bail set at $1,000.

    He was arrested in Franklin and transported to the Mamou Police Department, where he was held overnight.

    Simmons was transported to the Evangeline Parish Jail the next morning and bonded out, Foote wrote.

    Can someone explain to me how LEOs from one small town can arrest someone in another town outside of their jurisdiction? This seems like a false arrest and grounds to resist said arrest? I did not see any mention of Franklin Police being involved so I'm thinking the LEOs from Mamou were acting as civilians during this arrest?
     
    Last edited:

    ajt2341

    Rock out w/ ur glock out!
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    Jul 6, 2008
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    Lafayette, LA
    After reading the article I'm agreeing with Sigfan. They obtained a warrant for his arrest. At that point anyone could arrest him anywhere and he would be extradited to the issuing agency. The article doesn't state which agency arrested him, but it's likely someone operating within their own jurisdiction.
     

    LCPL 4

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    Jun 30, 2007
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    Quote from Tangilena.com news sites ...

    The suit states, “On May 21, 2008, Mr. Simmons was arrested at his home in Franklin. He was told he was being arrested for ‘criminal defamation.’ The Franklin police officer who arrested him said he was executing a warrant for the Mamou Police Department.”

    After his arrest, Simmons was held in the Franklin Jail for several hours. According to the statements made by Simmons in the law suit, he was informed his bond had been set by 13th Judicial District Judge Thomas Fuselier, but he could not bond out because Dupuis did not want him to bond out.

    The suit also states, “Mr. Simmons has terminal pulmonary fibrosis and requires breathing treatments every four hours.”

    When Simmons requested his breathing medication from the supervisor at the Franklin Jail, he was refused, the suit stated. Simmons also claimed in the suit that during the hours he spent in police custody at the Franklin Jail, he missed two breathing treatments. The officers named in the suit all allegedly refused to release Simmons or provide him with medical assistance.


    Read more: Tangilena.com - ACLU files law suit against Mamou Police chief
     
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