Can I sue a local city for my legal fees for false arrest and prosecution?

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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 10 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 10 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.


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