McKimmey Law Office - Shawnee, Oklahoma,probate, estates, wills,trusts,ante nuptial agreements,contracts,false arrest,civil rights, adoptions, divorce

McKIMMEY LAW OFFICE, P.C.

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Twenty Four E. Highland, Shawnee, Oklahoma 74801 - 405-275-3564


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GENERAL PRACTICE - PROBATE - WILLS & TRUSTS - DIVORCE - FEES & SERVICES
DOCUMENT PREPARATION - POWERS OF ATTORNEY - PRE-NUPTIAL AGREEMENTS
REAL ESTATE - CIVIL RIGHTS - GOVERNMENTAL TORT CLAIMS - FALSE ARREST

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FALSE ARREST



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McKIMMEY LAW OFFICE is one of the leading small law firms in the Shawnee, Oklahoma area, with a Statewide practice in all State and Federal Courts.

Shawnee, OK


McKIMMEY LAW OFFICE is a general practice law firm. Our expertise includes Probate, Wills, Trusts, Real Estate, and Governmental Tort Claims, including Civil Rights litigation involving the Fourth and Fourteenth Amendments.




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McKimmey

"An Affordable Attorney at Law"


Admitted to Practice - Oklahoma - 1974
United States Supreme Court - Tenth Circuit Court of Appeals
All United States District Courts of Oklahoma


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The law protects citizens who are wrongfully deprived of their liberty by another.

If you have been the subject of an arrest by the police or other state or federal official which took place without probable cause, in bad faith or if someone deprived you of your liberty, you may be able to make a claim and recover damages, including attorney's fees and costs.

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Your rights are safeguarded by both the United States Constitution and state common law.

False imprisonment is frequently alleged by a person who feels that he or she was unlawfully arrested. If the police did not have "probable cause" to arrest you, you can sue for false imprisonment.

"False arrest" is really just a type of false imprisonment.


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The police have probable cause when there are enough facts to lead a reasonable person to conclude that you are committing or have committed a crime. This is a considerably higher standard than the mere "suspicion" an officer needs in order to stop you briefly to investigate possible criminal activity.

In some circumstances mere flight may be sufficient reasonable suspicion.

See - Illinois v. Wardlow decided by The United States Supreme Court on January 12, 2000.

If you feel that you have been the victim of a false imprisonment or false arrest you may wish to contact an attorney.

Time is of the essence in many of these cases. In some instances, claims may be barred if they are not brought within a short time after the date of the occurrence. For more information, talk with an attorney.






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thumb - On December 8, 1998, the United States Supreme Court struck a blow in favor of Fourth Amendment protection from unreasonable automobile searches!

Read the Court's decision case here! Knowles v. Iowa

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thumb - On April 5, 1999 the United States Supreme Court entered an opinion that held: Police officers with probable cause to search a car, as in this case, may inspect passengers' belongings found in the car that are capable of concealing the object of the search.

Justice Stevens wrote a dissent with whom Justice Souter and Justice Ginsburg joined.

Read the Court's decision here! Wyoming v. Houghton






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help - I feel I have been damaged by the acts of a Federal, State, County or City Employee. - What can I do?

A. - Historically there was little you could do!


Formerly the law was rigid and the rule that 'the king can do no wrong' prevented any recovery for damages caused by the 'king's servants'!

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Formerly the law was rigid and the rule that 'the king can do no wrong' prevented any recovery for damages caused by the 'king's servants'!

Over the years this rule of law has been changed by the legislatures and the Courts, and presently you may even sue the 'King' for injuries you may suffer.

This right to bring a lawsuit is only granted by 'permission' of the governing bodies.

This 'permission' to sue is granted by specific statutes, and the procedure to be followed is strict. Unless you follow the procedures you do not have 'permission' to bring a lawsuit against the Federal, State or Municipal Governments.


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The Statute governing your rights to sue the Federal Government for the torts of Federal Employees is The Federal Tort Claims Act, 28 U.S.C. Sec. 2671, et seq. .

warning - You should be aware!:
  • Claim Must be filed before Suit!
  • Exclusive Remedy - Individual Employee Causing damages not to be sued!
  • Employee must be acting within scope of employment!
  • There are enumerated Exceptions to Liabilty!
  • You cannot collect punitive damages!
  • No right to a jury Trial!



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Most States also have statutes governing the rights to bring a suit against the State, Municipalities or State Agencies. Each State provides for different procedures and remedies.

Both the State and Federal statutes provide remedies for common law torts, and torts created by statute.




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In Oklahoma the controlling Statutes are found in the Governmental Tort Claims Act, Title 51 O.S., Sec. 151, et seq.

The Statute basically provides that political subdivision is liable for the torts of its employees committed 'within the scope of their employment subject to the limitations and exceptions specified in this act and only where the state or or political subdivsion, if a private person or entity would be liable for money damages under the laws of this state'

warning - You should be aware!:

  • The procedures for first filing a 'tort claim' must be followed before Suit!
  • Exclusive Remedy - Individual Employee Causing damages not to be sued!
  • Employee must be acting within scope of employment!
  • Title 51 O.S., Section 155 provides There are 35 Specific Exemptions from Liabilty!
  • You cannot collect punitive damages!





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help - What political subdivsions can be sued?

A. - Any State agency or governmental entity.

  • Cities or Towns
  • Counties
  • School Boards & Districts
  • Municipal Trusts and Housing Authorities
  • Any State Agency
    • Cities or Towns
    • Counties
    • School Boards & Districts
    • Municipal Trusts and Housing Authorities
    • Any State Agency


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Most Actions brought under State or Federal Tort Claims Acts involve:
  • Negligence in providing services. hydrant
  • Simple Negligence causing injury;

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Civil Rights Violations are not covered by these Tort Claim Statutes!

The Oklahoma Governmental Tort Claims Act, Title 51 O.S., Sec. 162, et seq. does provide for indemnification for employees for Civil Rights Violations committed while acting in the scope of their employment.



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Generally torts such as false arrest - assault - battery - trespass - when committed by law enforcement officers, under color of law may also include a Fourth Amendment violation.

See FAQ - Civil Rights Violations.





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CIVIL RIGHTS VIOLATIONS



help - What are "Civil Rights" ?

A. - These are the rights and privileges granted to every person, both citizens and aliens in this country, by the Constitution of the United States!

The United States Constitution limits the powers of the government over its citizens and protects the citizens from governmental intrusion.



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help - What constitutes a "Civil Rights" violation?

A. - A Civil Rights violation occurs whenever any person, acting under color of law subjects, or causes to be subjected, any citizen of the United States or other person within the jurisidiction theref to the deprivation of any rights, privileges or immunities secured by the Constitution and laws.



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help - If I suffer a "Civil Rights" violation, what is my remedy?

A. - Title 41 U.S. Code, Sec. 1983 allows you to bring an action against any person who violates your Civil Rights

Persons who may be sued for Civil Rights under this Statute include:
  • Individuals
  • Cities - Under Certain Circumstances
  • Counties - Under Certain Circumstances
  • Independent School Districts - Under Certain Circumstances
  • Municipal Trusts - Under Certain Circumstances
Persons who may not be sued for Civil Rights under this Statute include:
  • Individuals not acting under color of law
  • The Federal Government
  • States and State Agencies have Eleventh Amendment protection from suit!
  • Indian Tribes


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stop - Where do I file my lawsuit for Civil Rights violations?

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A. - The lawsuit may be filed either in the U.S. District Court, or the State Court having appropriate jurisdiction and venue.

State Claims under the Governmental Tort Claims Acts may also be brought in the same action - both in State and Federal Courts.


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warning - You should be aware that Rule 11 of the Federal Rules of Civil Procedure provides for serious sanctions in the event the Court should determine that your action was brought frivolously or without foundation in law or fact! State Statutes also provide for sanctions for suits brought frivolously! In Oklahoma the Statute providing for sanctions is Title 12 O.S., Sec. 2011.

These State and Federal Sanctions apply to any type of action, not just Civil Rights Actions!

- You should also be aware that Civil Rights actions can be very time consuming and expensive.

Your should review our page FAQ - Why are Legal Costs So Expensive?

You may also want to review our FAQ - Schedule of Fees and Services





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Fourth Amendment Violations


The Fourth Amendment to Constitution was added as part of the 'Bill of Rights' in order to protect the Citizenry from 'unreasonable searches and seizures'

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Prior to gaining Independence from England the colonists faced the daily danger that government forces would make arrests for no reason - and make unannounced entry into private homes without justifiable cause.

Examples of the conditions they faced can be seen in old movies of 'Nazi Germany' - and other dictatorships.

  • Unwarranted stopping people on the street to ask for 'papers'.
  • Taking people into custody for questioning.
  • Going in to private homes on suspicion - or to satisfy curiosity.

It was to insure that the newly created government of the United States of America would be prohibited from continuing these practices that this Amendment was adopted.


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The gist of the Fourth Amendment is that government officers may not arrest or detain persons within the jurisdiction, or search their homes or other property, without a warrant first being issued by a neutral magistrate.




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There are many court created exceptions, but the burden is upon the government officer to show that such an exception exists.

It's true purpose was, and still is, to protect the citizen and all persons within its jurisdiction from an invasion of privacy and intrusion by government.

Unfortunately the Fourth Amendment, in modern times, has been viewed by the public as a haven for criminals and a refuge for people who have something to hide.

This prevailing view of the Fourth Amendment has largely been brought about by the adoption by the Courts of the exclusionary rule which prohibits evidence that has been obtained in violation of the Fourth Amendment from being used in evidence.

In theory, the adoption of the exclusionary rule 'unreasonably' in violation of the Fourth Amendment while making searches and seizures.

A sort of 'penalty', for acting unlawfully.

Unfortunately this 'penalty' may be viewed as a 'prize' for the criminals.

However, most violations of the guarantees of the Fourth Amendment do not involve criminals or criminal activity - just ordinary people!




Not All Fourth Amendment Violations involve 'intentional' or 'bad' acts of law enforcement officers. Some occur simply because the officers may not be well trained, or at times may not exercise the prudence of a reasonable officer under the circumstances.

Many times citizens who may never have had contact with law enforcement officers may have suffered a deprivation of their Civil Rights without even being aware that their rights have been violated.

They may only feel that what happened wasn't right, and that although no permanent injury resulted, they may suffer fear - embarrassment - humiliation - anxiety - and a continuing misaprehension whenever they see a law enforcement officer.

At the very least, an invasion of privacy occurs!



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Generally a Fourth Amendment violation also includes a common law tort, such as false arrest - assault - trespass and a Tort Claim should also be filed with the appropriate political subdivision.
See - FAQ - Governmental Tort Claims


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Fourteenth Amendment Violations



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The gist of the Fourteenth Amendment is that government may not - make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.




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Common Examples of violations of the Fourteenth Amendment include:

  • The City takes over or begins to use your property without your consent.
  • The City decides your building is delapidated - and tears it down.
  • The City refuses to issue you a license or permit without cause.
  • The City revokes a license or permit you have, without cause.
  • The City or School System makes rules that only apply to you!
  • Any action by the government that is arbitrary, capricious or unreasonable.



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OUR SERVICES

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  • Review Case to Determine Whether Cause of Action Exists

  • Prepare and File Necessary Claims With Governmental Entities

  • Prepare Complaints and Other Pleadings Required

  • Preparation of Discovery Requests

    • Interrogatories
    • Requests for Admissions
    • Requests for Procuction

  • Research For Layman and Attorneys

    • False Arrest
    • Constitutional Deprivation

      • Fourth Amendment
      • Fourteenth Amendment - Due Process

  • Brief Writing For All Stages of Proceedings

  • Prepare Jury Instructions

  • Prepare Motions and Responses to:

    • Motions To Dismiss
    • Motions for Summary Judgment
    • Motions in Limine

  • Appeals to State Appellate Courts
  • Appeals to Circuit Courts
  • Appeals to United States Supreme Court




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    OUR FEES

    Our Fees for these Services are based on our regular hourly rate.

    See - Schedule of Fees & Services

    In Some Cases a 'Contingency Fee' arrangement may be arranged, after a deposit to cover anticipated expenses if an action is filed.

    In Some Cases we are willing to associate with other attorneys in actions pending.

    In All cases, charges will be made for actual expenses incurred, i.e., filing costs, costs of depositions, copying costs, binding costs, travel and long distance charges.






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    If you have a question of a general nature that you feel should be included in this segment, please let us know.

    We also would like to receive comments and suggestions for better Answers.

    Although we cannot give specific legal advice on the phone we are willing to answer questions of a general nature.

    If your question is of general interest we may include your letter and our response as a part of our website.





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    3/30/12