Can I sue a local city for my legal fees for false arrest and prosecution?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue a local city for my legal fees for false arrest and prosecution?
I was accused and charged with domestic assault by a local PD against my ex-girlfriend (who I had been asking to leave). I spent the night in jail, they confiscated my handguns. I was ordered out of my own house for 3 months and had to rent hotel rooms to live in while she was allowed to stay in my house. She was later arrested and committed to a local psychiatric hospital for treatment. I was tried in court and found innocent by the judge. She was found guilty of perjury, filing false reports, stalking and harassment. I was forced to spend nearly $6000 for my defense. Additional information even with these charges against her, they still prosecuted me. I recently contacted the state police and they “advised” the local city by email to return my property because they were in the wrong for taking and holding the items. It was returned. I should be able to recover the money for my defense as well.
Asked on July 31, 2011 Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Potentially you may have a cause of action for false arrest from the facts you stated in your answer. To perfect a lawsuit against a governmental entity, you need to submit a claim under the tort claims act to the governmental entity stating the basis forthe claim and your damages. The entity has a certain period to respond to the claim. If it denies the claim, then you are required to file suit in a stated period of time.
If you fail to do so, you would be time barred from bringing any lawsuit.
These types of lawsuit are complicated and should you wish to pursue it, legal counsel should be retained to bring the lawsuit. Potentially your criminal defense attorney can recommend you to a good personal injury attorney.
Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Potentially you may have a cause of action for false arrest from the facts you stated in your answer. To perfect a lawsuit against a governmental entity, you need to submit a claim under the tort claims act to the governmental entity stating the basis forthe claim and your damages. The entity has a certain period to respond to the claim. If it denies the claim, then you are required to file suit in a stated period of time.
If you fail to do so, you would be time barred from bringing any lawsuit.
These types of lawsuit are complicated and should you wish to pursue it, legal counsel should be retained to bring the lawsuit. Potentially your criminal defense attorney can recommend you to a good personal injury attorney.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.