Can I sue a prosecutor and the police for a botched investigation that put me in jail for 8 months without indictment?

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Can I sue a prosecutor and the police for a botched investigation that put me in jail for 8 months without indictment?

I was arrested for 6 counts of sexual assault by parent or guardian and sat in jail for 8 1/2 months without indictment before the charges were finally dismissed. The whole time the prosecutors and police knew that the exam of my daughter which was done 11 days after I was arrested clearly showed that she was a virgin with an intact hymen. They had repeatedly told the court that my daughter would not let the exam be completed and the judge had even ordered a sedated exam but we found out at a CPA hearing 5 months later that it had been done. It has ruined my career as a PA. What can I do?

Asked on October 18, 2011 under Personal Injury, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you believe that you were improperly arrested and that there was prosecutorial and police misconduct you need to immediately consult with an attorney that practices in the area of police misconduct cases in that this area of the law is a specialized area requiring a special type of attorney.

For you to have sat in jail for eight and a half (8 1/2) months, you had to have been arrested and if your were arrested the failure of the grand jury to have indicted you means nothing. You need to be aware that in suing a governmental entity as you would most likely have to do concerning the item that you have written about requires a claim to first be submitted under your state's governmental tort claims act as a pre-requisite to a later lawsuit assuming you retain an attorney to represent you. 


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