Legal Question in Legal Ethics in Florida

Process of ''Tort''

I have now been divorce 1 year from a Firefighter. Over the past 1 1/2 years, and current - he has continual abused his power, by utilizing dispatch, and police stating that my home is the ''Fireman's'' The house is clear of his name for 1 year. Abused his position by utilizing the Hospital ER - to have my 14 year old drug tested, when he went in for a head injury. Currently, have contempt charges on him - the sergeant stated my papers were ''gray'' and that the ex could come onto my property anytime he wanted to and yell obsenities - they refused to issue a no trespassing warning. I was told to hire a new attorney by the sergeant. The Ex (while on the County Tax Dollar) has continued to call, threaten as such - I was told to report to his Chief every time.

Question is - is there a just case against the County for the failure to protect a member of the community? The IAFF for failure to uphold its codes of conduct and ethics? The Hospital - for giving special privledges to a fireman. I suppose the State of Emergency Services - because he is on the Hazmat team which receives grant money. While I must reside in a hostile and fearful environment - knowing I have no protection from one of their own?


Asked on 9/22/07, 7:45 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Process of ''Tort''

When a child is in the hospital or even if not, the parent has a right to have the child tested for drug use.

You have no claim that I can see against the County or the firefighters union. Their code of conduct gives you no standing to have it enforced and does not create a private right of action.

If the property is yours, he may not tresspass. It is not the firefighters that enforce such provisions but the local police or sheriff. If he tresspasses, call the police. Swear out a warrant.

Get an attorney.

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Answered on 9/22/07, 10:48 pm


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