Officer uses baton before identifying himself...

(I know your probably thinking "he got hit by a Police baton? He must have deserved it". Read below and you will understand. Ill try to keep this short while retaining all of the necessary details)

Me, my wife, my cousin and his girlfriend, had gone to a local beach to watch a meteorite shower last November. The shower wasn't until 2am, we arrived at the beach at about 10pm. We decided to walk the strand at the beach. We had about 2 drinks each at which point we entered a bar to order another. My wife tried to order a drink from the bartender twice only to have him ignore her. She was complaining about the service to me when he overheard her and told her if she wasn't happy to go somewhere else, then calling her a "fu**ing bi*ch", I stood up and told him to watch his mouth, he then told me to leave the bar and he began to walk outside to get the bouncer.

I immediately followed him outside (about 5-6 seconds behind him) when I exited the bar the bouncer grabbed me by the back of the shirt and pushed me down. I stood up ready to defend myself, by that time my cousin had come out and grabbed me and told me to calm down. The bouncer continued to run his mouth at me and I did the same. My cousin was calming me down when 3 other guys came out of the bar (friends of the bartender and bouncer) and started running their mouths and I started yelling back at them. The bouncer then proceeded to call a police officer personally on his cell phone. At about that same time the 3 guys came at me and started punching me. All that my cousin could do was try to pick them off of me.

Next thing I know, as I am getting punched (not punching back by the way, merely protecting my head), I get hit very hard by an object in the back (I thought somebody had grabbed a bat or a bottle), then hit in the back of the head by the object which dazed me and I fell to my knees and then to my back. I looked up and saw that it was a police officer, he then hit me once more on the back of the leg with the baton, rolled me over, put his foot on my back and cuffed me.

The officer flat out lied in his statement and said that he saw me "open hand slap a by standing female" and that is the reason the men attacked me and that he used his baton due to me resisting arrest. (The Officer didn’t even arrive until after the guys jumped me).

Mind you, none of us were intoxicated, I have never been arrested in my life and I am a very calm individual who was only sticking up for my wife.

I was formally charged with assault for spitting on the bouncer, which once again never happened. I am upset that the Police Officer never identified himself before he hit me. I didn’t resist arrest at all due to not even knowing there was an Officer present and once I was aware the Police had arrived I was very cooperative. I am a very Police and authority friendly individual (my father is an active Coast Guard Aux member). I thought the Officer would have arrived to protect me but instead joined in the beating of me and falsified his statement.

I am considering suing the bar, the Officer and Police Department. Turns out the Police Officer and the bouncer are friends (the bouncer is in training to be an EMT). I was looking for advice on this board as to whether I have a case and if not, how can this be legal. I lost a lot of trust in the Justice System that day.

I appreciate any reply. Thank you!

P.S. I have pictures of the very bad bruises left by the Officer's baton if anybody wants me to post them.

-Clint

Do I have a valid case? Also, if the Officer and "bouncer" agreed to falsify the report would that fall under conspiracy?

-Thanks,
-Clint

Anyone? They are offering me a deal but I don't really want to take it, simply because I know I am innocent. They have offered me deferred adjudication if I plead no contest and I would be able to expunge the charge from my record later on.

I still am not sure if I have a civil case or not? Also, if I were to accept the deal would I be able to try a civil case later? Anyone on this site have any help? Gentlegrace?

-Thanks,
-Clint