Can I sue the prosecutor’s office or someone in the prosecutor’s office?

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Can I sue the prosecutor’s office or someone in the prosecutor’s office?

I have a restraining order against my daughter’s father, active since 2008. He is in jail awaiting a state prison sentence for violating it and threatening to harm me; this is the 4th time. I moved my daughter and I to an address unknown to him, for the purpose of safety from him and took every precaution to make sure my address would never be revealed to him. I was just informed by the prosecutor’s office that in the discovery process they accidentally sent him my address. I want to sue. Can I sue? They put us in jeopardy.

Asked on March 19, 2011 under Personal Injury, New Jersey

Answers:

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

Answered 13 years ago | Contributor

Those people that are involved in law enforcement  - like police officers and district attorneys - are often given immunity from prosecution in circumstances involving the execution of their job.  The immunity is often statutory but can also be laid out in case law.  Now it is true that not all immunity is exempt from prosecution but it would have to be a pretty egregious matter - possibly a showing of intent but maybe not just negligence in the execution of their duties - and one would have to be familiar with your state law to give you any guidance here.   Seek legal consultation from ana ttorney in your area and see if there are any ways to come to an agreement with the DA's office on helping you out of this situation.  Good luck.  


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