logoalt Hacker News

Jtsummersyesterday at 9:24 PM1 replyview on HN

That may protect them personally, but not the city and the department itself from being sued.


Replies

blagieyesterday at 9:38 PM

Nope.

https://abovethelaw.com/2016/02/criminally-yours-indicting-a...

You can be arrested, indicted, and held in jail on pretrial, and there is literally no recourse. There are many other ways jail can happen without due process. Where I live:

* Civil contempt. Absolutely immunity. No due process. Record is about 16 years. Having a bad day? Judge can toss you in jail.

* "Dangerous." Half a year. No due process. He-said she-said.

* "Insane." Psychiatric hold. Three days. Due process on paper, not in practice. Police in my town can and do use this if they don't like you.

Absolutely no recourse. You come out with a gap in income, employment, and, if you missed rent/mortgage, no home. Landlords will simply throw your stuff away too.

You're also basically damned if things do move forward, since from jail, you have no access to evidence, to internet (for legal research), and no reasonable way to recruit a lawyer (and, for most people, pay for one).

Can happen to anyone. Less common if you're rich and can afford a good lawyer, but far from uncommon.

show 4 replies