If someone is arrested for something and it is later discovered that the arresting officer planted the eveidence can you sue

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If someone is arrested for something and it is later discovered that the arresting officer planted the eveidence can you sue

Like if I was arrested in Florida for possession of meth but
the cop planted it and it was proven in court can I sue the
county for false imprisonment and other losses?

Asked on July 18, 2019 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You may be able to sue the county (you can also sue the officer).  An employer, including the county, is generally not liable for the criminal acts of its employees unless the criminal act was done in the course of employment, in order to further the employer's goals. Planting evidence to get an arrest or conviction goes to the heart of what the police do--it is part of their job to find evidence, make arrests, and support the prosecutor's office in seeking convictions. Therefore, this criminal act (unlike, say, an officer robbing someone, which has nothing to do with his job as a police officer) is one that since it was committed for and in the course of employment, may be one for which the county is liable. It would be worthwhile for you to consult with an attorney about the situation.


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