CanI sue the city ifI was wrongful arrested for a crimethat Idid not commit?

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CanI sue the city ifI was wrongful arrested for a crimethat Idid not commit?

I was arrested 6 months ago for attempted murder. I spent 2 weeks incarcerated onlt to later be released from jail and have the against me dismissed. I was fired from work and had to drop my college classes. I owe my school $800. Can I sue and am I past the statue of limitations?

Asked on February 28, 2011 under Personal Injury, New York

Answers:

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

Answered 10 years ago | Contributor

What you would sue for is known as False Arrest.  A civil demand for compensation on a false arrest civil rights violation claim requires you to hire a civil rights lawyer who would need to file a claim. The lawsuit can be can be brought to the state or federal courts level, including actions under § 1983 of the United States Code. If you can show that the officer was malicious you may be entitled to more money or what is referred to as “punitive” damages.  These cases are often what you see in the news termed as "racially profiled" cases.  Seek legal help as soon as you can.  Good luck to you.


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