My question involves civil rights in the State of: Oregon
I live in a small town, however we are serviced by a fairly large Sheriff's department, however the shift for my particular area is covered by the same deputies depending on night/day shift. Last year I was divorced and the domestic circumstance leading up to it (civil disagreement/no charges filed or crime committed by either of us) basically led to a particular deputy behaving as though he was partial to my (now) ex-wife. At the time I did not file a complaint or think anything of it, as i had bigger battles to work out (such as child support, child custody, property division etc). Throughout the past year we reconciled, and then had a big fallout again.
My ex moved out and took kids on the 18th, then came back with friends to take my vehicle (registered and on loan to me), so I called to report why she was there. The same deputy from a year ago came out and said "this is a civil matter, but I'm staying here to make sure everything is OK. As far as I'm concerned everything here is community property and she can take whatever she wants". I told him we'd been divorced for a year and the car was not on part of the order. he said the order stated she had "equal rights" to the property. He proceeded to allow her to take not only my car, but clothes, he guarded me like I was the threat, while she went into my bedroom and took property that belonged to my job (my external hard drive i'm support to keep for purposes for disaster planning/off-site access), and because I had disarmed out of respect for him, even my sidearm. I told him I could show him that it was not right for her to be allowed to take my clothes, it wasn't right for her to take my car as it wasn't part of the order, and my gun was not registered to her. He refused to look at the order, or any document that I offered to show. For almost an hour he stood there while she packed the car filled with all sorts of stuff. When it came to the clothes and work hard drive I noticed missing ,he said "It's not my job to determine what belongs to who" and" I didn't see her take anything of yours".
It was clear to me at this point that he was partial to her, especially since he followed her when they drove down the road, and she later confirmed that he spoke bad about me, and felt that I was a "bullsh***er". He told me to my face that he had been on the force 20 years and "you don't think it's my first time having a go round with someone like you, a game player?".
So within the next 10 days I had filed a complaint for unprofessionalism, documenting everything that occurred. no one ever got back to me. i should note that I never gave him permission to enter my home that night. he told me to open the door because "she's just here to get clothes for her and the kids", so I did, and he entered and would not leave.
about 10 days after filing the complaint he shows up late at night banging on my door. i asked him why he was there and he wouldn't tell me. I thought maybe he's trying to retaliate or talk to me about the complaint i filed. I was honestly scared, so i called 911 (now i realize this was stupid as it wasn't an emergency but i panicked as he wouldn't tell me why he was there) other than "it's deputy xx i need to talk to you". 911 said i'd be arrested for abusing 911 service. he said he wouldn't talk to me through a door, so i opened it and he served me papers, saying "this is a restraining order, you have 15 minutes to get your stuff and get out". so she put on the RO that she lived at my address to have me kicked out of the property.
I had already filed an RO for battery, as I had 911 transcripts from the months prior, and the reason the sheriff's office took so long to serve he was because the gate was closed and they said "we can't open a gate and enter someone's property to serve them", but the deputy I feel is partial to her who served me had no problem parking outside of the gate, opening the gate, entering the property and knocking on my door. I expressed this to the other deputy and he said "well I can't speak for that deputy but it's normally against protocol".
I can't seem to find any ORS code or similar that will tell me more about this, but I am wondering if this deputy violated any law or my civil rights by serving me in the way that he did. My ex and I have since tried to reconcile, and she even confirmed that her new deputy friend seems to think I'm a dirt bag, lol, and met with her to talk bad about me and encourage her to leave me. I would be interested in getting professional perspective on this. An LEO friend told me that any deputy who has been on the force over 20 years and never made at least sergeant is typically because they are crooked and don't want to gain more pay and responsibility only to be placed under a bigger microscope. Not sure if this is true, but I have never had a run in or issue with any other officer in all these years, in fact most seem to be very objective. Thanks for any comment/advice on this matter. I should also note that i was told that the same deputy tried to serve her my RO, during his shift, but was unsuccessful. i find this especially ironic.
I live in a small town, however we are serviced by a fairly large Sheriff's department, however the shift for my particular area is covered by the same deputies depending on night/day shift. Last year I was divorced and the domestic circumstance leading up to it (civil disagreement/no charges filed or crime committed by either of us) basically led to a particular deputy behaving as though he was partial to my (now) ex-wife. At the time I did not file a complaint or think anything of it, as i had bigger battles to work out (such as child support, child custody, property division etc). Throughout the past year we reconciled, and then had a big fallout again.
My ex moved out and took kids on the 18th, then came back with friends to take my vehicle (registered and on loan to me), so I called to report why she was there. The same deputy from a year ago came out and said "this is a civil matter, but I'm staying here to make sure everything is OK. As far as I'm concerned everything here is community property and she can take whatever she wants". I told him we'd been divorced for a year and the car was not on part of the order. he said the order stated she had "equal rights" to the property. He proceeded to allow her to take not only my car, but clothes, he guarded me like I was the threat, while she went into my bedroom and took property that belonged to my job (my external hard drive i'm support to keep for purposes for disaster planning/off-site access), and because I had disarmed out of respect for him, even my sidearm. I told him I could show him that it was not right for her to be allowed to take my clothes, it wasn't right for her to take my car as it wasn't part of the order, and my gun was not registered to her. He refused to look at the order, or any document that I offered to show. For almost an hour he stood there while she packed the car filled with all sorts of stuff. When it came to the clothes and work hard drive I noticed missing ,he said "It's not my job to determine what belongs to who" and" I didn't see her take anything of yours".
It was clear to me at this point that he was partial to her, especially since he followed her when they drove down the road, and she later confirmed that he spoke bad about me, and felt that I was a "bullsh***er". He told me to my face that he had been on the force 20 years and "you don't think it's my first time having a go round with someone like you, a game player?".
So within the next 10 days I had filed a complaint for unprofessionalism, documenting everything that occurred. no one ever got back to me. i should note that I never gave him permission to enter my home that night. he told me to open the door because "she's just here to get clothes for her and the kids", so I did, and he entered and would not leave.
about 10 days after filing the complaint he shows up late at night banging on my door. i asked him why he was there and he wouldn't tell me. I thought maybe he's trying to retaliate or talk to me about the complaint i filed. I was honestly scared, so i called 911 (now i realize this was stupid as it wasn't an emergency but i panicked as he wouldn't tell me why he was there) other than "it's deputy xx i need to talk to you". 911 said i'd be arrested for abusing 911 service. he said he wouldn't talk to me through a door, so i opened it and he served me papers, saying "this is a restraining order, you have 15 minutes to get your stuff and get out". so she put on the RO that she lived at my address to have me kicked out of the property.
I had already filed an RO for battery, as I had 911 transcripts from the months prior, and the reason the sheriff's office took so long to serve he was because the gate was closed and they said "we can't open a gate and enter someone's property to serve them", but the deputy I feel is partial to her who served me had no problem parking outside of the gate, opening the gate, entering the property and knocking on my door. I expressed this to the other deputy and he said "well I can't speak for that deputy but it's normally against protocol".
I can't seem to find any ORS code or similar that will tell me more about this, but I am wondering if this deputy violated any law or my civil rights by serving me in the way that he did. My ex and I have since tried to reconcile, and she even confirmed that her new deputy friend seems to think I'm a dirt bag, lol, and met with her to talk bad about me and encourage her to leave me. I would be interested in getting professional perspective on this. An LEO friend told me that any deputy who has been on the force over 20 years and never made at least sergeant is typically because they are crooked and don't want to gain more pay and responsibility only to be placed under a bigger microscope. Not sure if this is true, but I have never had a run in or issue with any other officer in all these years, in fact most seem to be very objective. Thanks for any comment/advice on this matter. I should also note that i was told that the same deputy tried to serve her my RO, during his shift, but was unsuccessful. i find this especially ironic.
Establishment: Service of a Restraining Order
0 commentaires:
Enregistrer un commentaire