Can I sue The police

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Can I sue The police

I was arrested Nov 23, 2007 for a **** charge. I finally got my case dismissed May 28.2009 Everything on the affidavit was a lie. I lost 52,000 to forfieture. Money that had nothing to do with drugs. I was embarrassed, and shamed. I want my life back that one cop took away

Asked on June 12, 2009 under Personal Injury, Colorado

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

People sue the police but there must be a valid cause of action. Because I don't know the specifics I cannot comment as to whether you have one or not. Basically a person can't sue a police officer simply for making an arrest that turns out to be wrong. However if there were illegal activities done to make it stick, lies on affidavits. stuff of that nature that can be proven, you may have a valid case

I advise you contact a local attorney who specializes in this area. Explain to them the specifics; they will give you their advice at which time you can decide together whether or not to proceed. Good luck

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

These lawsuits aren't impossible, but they can be very difficult.  The basic standard for the police is probable cause; to get damages for violation of your civil rights, you would probably have to be able to prove the the officer didn't have probable cause, and he either actually knew or clearly should have known he didn't have probable cause.  If you can prove all of that, you might be able to recover damages under 42 U.S.C. sec. 1983, and attorneys' fees under sec. 1988.

You need to have all of the facts considered by a civil rights plaintiffs' lawyer, for reliable advice about whether to pursue this.  One place to look for a qualified attorney is our website, http://attorneypages.com


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.

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