can we sue the county for false info. my uncle gave the police my dads name and now he is got 5 charges against him. my dad has never been introuble

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can we sue the county for false info. my uncle gave the police my dads name and now he is got 5 charges against him. my dad has never been introuble

Asked on June 2, 2009 under Personal Injury, Alabama

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT, not AL but i practice in this  area.  The cause of action that you are referring to is called malicious prosecution or abuse of process.  under this theory of liability, most state impose civil liability against people that make false reports and use the justice system for means other than the intended purpose, such as to harrass annoy or simply retaliate against someone for something that is entirely legal or justified.  You can also report this to the police, but the civil remedy will enable to you to possibly recover money damages.  You need to obtain a lawyer to file the proper complaint.  Just remember that this is a relative that is not going to be happy with you.


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