Can a suit be filed against the police department for damages due to their actions?

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Can a suit be filed against the police department for damages due to their actions?

I was charged reckless endangerment involving a firearm,which is a gross misdemeanor. It was the policy of my apartment complex that my arrest would warrant them evicting me. The manager decided to let me stay. A week later, some officer sent a letter citing RCW 59.18.075 and threatened my manager’s business license unless they kicked me out. As such, I am getting evicted due to his malicious letter. I have not even had my pre-trial hearing yet. If I’m able to beat these charges, would I have a case for a lawsuit against the police?

Asked on March 19, 2011 under Personal Injury, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It does seem that you have an issue here of some sort to gripe about but one would need some more information in order to fully understand what is going on.  First and foremost the principal that you are innocent until proven guilty should prevail here all around, for the complex and the police department.  I would like to read the apartment complex document (is it the lease?) that has to do with the eviction.  An "arrest" does not mean that you are guilty and to make that assumption is a violation of your rights.  So all the fall out from the arrest should be held at bay until you are convicted.  If the police officer acted outside the scope of his duties in sending the letter that is a problem as well.  He can not interfere with your contract - it is known as tortious interference.  Seek consultation.   


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