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Post by region5guy on Feb 12, 2016 14:23:10 GMT -5
Anyone ever had an offender actually follow through with a threat to sue? I just got a call from my Warden's secretary telling me that an offender has filed suit against me and I want to know what to expect and what I should do. She didn't even know who filed it, why, or when - just that I was being sued. I'm going crazy trying to think of what this is about.
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Post by accussedsnitchgp11 on Feb 14, 2016 3:27:17 GMT -5
Get a Lawyer
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Post by accussedsnitchgp11 on Feb 16, 2016 15:29:41 GMT -5
Until you get a Copy of the Lawsuit you won't know what it could be over. Unless you know you have done something criminal I wouldn't worry about it
Offender might be suing because they claim you spit in their food, or gave them 6 green beans instead of 7 or stole their desert. Maybe they claim you patted them on the butt, winked at them or blew them a kiss. Possibly you licked their stamps or drank a soda during a cell search. Stole their toilet tissue, used their toilet and did not flush. Smashed their Hotpot or Radio. You might have turned on the Lights during count and left them on to torture them. You might be accused of not turning on TV right away during day room time or doing Channel checks. You could be accused of cussing them out or sexual harassment You could be accused of making it rain during rec, or making the wind blow to hard.
I am sure others who had more time than me can give more examples of some of the Stuff Offenders have come up with as reasons to sue an Officer or TDCJ.
Do the Job Honestly and to the best of your Ability all the time and You won't have to Worry
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Post by mley1 on Feb 17, 2016 11:11:10 GMT -5
My first question to whom ever told you that you're being sued by an offender would be which offender, and what is the allegation. Typically, if you are named personally in a law suit you will get served papers personally. I've seen this many times. It's called Civil Process. The paperwork the civil process server gives you details the allegations in the lawsuit. I would find it unusual for a wardens secretary to just tell an officer "you're being sued by an offender" without knowing any details, or receiving any paperwork on the allegations. I would ask to speak with the secretaries supervisor, the warden. Questions to ask would be, who is suing me? What are the allegations? May I have a copy of the allegations? Will an attorney from the states AG office be representing me? If not, will I need an attorney?
Usually, in a civil suit where an individual is named as a defendant that individual must be served with due process, the paperwork with the law suit details/allegations.....etc. Typically, in corrections, a civil suit by an offender will name TDCJ, the unit, the unit warden, any staff that may have been involved as defendants. If this is the case, process service will typically go to the AG's office, and the unit wardens office. So, they should know the details from the sounds of it. It sounds like your wardens secretary may have seen the paperwork. Start asking questions.
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Post by region5guy on Feb 20, 2016 16:05:23 GMT -5
Thanks for the responses guys. I drove to the unit shortly after I posted this and got the papers. Apparently the secretary notified me prematurely because she had the coversheet but the printer died halfway through and she didn't get the actual meat of the lawsuit. I know the offender in question and I remember the incident decently well. I've already given two written statements on the incident in the past - one when the offender filed a step 1, and another when he filed a follow-up of one kind or another, so there is no shortage of evidence. The officers who were with me that day were also named and also gave statements at an earlier time. He's accusing me of swearing at him and announcing that he is a sex offender. Until I looked him up in the TDCJ offender search a few days ago, I had no idea what he was locked up for, I just remember him acting like a privileged douche during the incident. My current major helped me understand what will potentially happen and I'm not terribly worried. This guy is scum and he's making up accusations against 4 officers (all of which performed our jobs with great zeal) AND the major. Fortunately, I had the pleasure a few days ago of meeting the current district attorney (for the district the offender filed in) and the candidates to replace him. They don't seem like they would entertain this nonsense.
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Post by mley1 on Feb 20, 2016 16:49:01 GMT -5
Sounds like you all have a handle on things. Most of the time inmates file frivolous law suits. Mostly just a pain in the ass.
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Post by accussedsnitchgp11 on Feb 20, 2016 20:01:07 GMT -5
Don't discuss it anymore outside of Court if it goes that far. Who know how far it will go...Sometimes they just try and shot fish in a Barrel.
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Post by honeybear on Apr 8, 2016 13:43:33 GMT -5
So ...did you announce he was a sex offender and is he ,,,if he is you should not announce it and if he isn't, ,,,well
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