Can I sue The police
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Can I sue The police
I was arrested Nov 23, 2007 for a **** charge. I finally got my case dismissed May 28.2009 Everything on the affidavit was a lie. I lost 52,000 to forfieture. Money that had nothing to do with drugs. I was embarrassed, and shamed. I want my life back that one cop took away
Asked on June 12, 2009 under Personal Injury, Colorado
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
People sue the police but there must be a valid cause of action. Because I don't know the specifics I cannot comment as to whether you have one or not. Basically a person can't sue a police officer simply for making an arrest that turns out to be wrong. However if there were illegal activities done to make it stick, lies on affidavits. stuff of that nature that can be proven, you may have a valid case
I advise you contact a local attorney who specializes in this area. Explain to them the specifics; they will give you their advice at which time you can decide together whether or not to proceed. Good luck
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
These lawsuits aren't impossible, but they can be very difficult. The basic standard for the police is probable cause; to get damages for violation of your civil rights, you would probably have to be able to prove the the officer didn't have probable cause, and he either actually knew or clearly should have known he didn't have probable cause. If you can prove all of that, you might be able to recover damages under 42 U.S.C. sec. 1983, and attorneys' fees under sec. 1988.
You need to have all of the facts considered by a civil rights plaintiffs' lawyer, for reliable advice about whether to pursue this. One place to look for a qualified attorney is our website, http://attorneypages.com
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