Can someone sue the county clerks or the county if they are given inaccurate information and are arrested as a result?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can someone sue the county clerks or the county if they are given inaccurate information and are arrested as a result?

My husband was accused by a customer of his tenant (long story) of simple battery. When he received his court notice, the court date was scratched over and was not legible. He went to court the date he thought it could be (and it was) and the clerk told him he does not have court today and sent him to another side of the court. There they said the same. A week later he was arrested at our home. Now his picture is top story on AOL Mail home page. Needless to say, neighbors started to call and ask all kind of questions.

Asked on October 6, 2012 under Personal Injury, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Potentially under the laws of all states in this country if the clerk's office of your county was negligent and its negligence caused damages legally then a lawsuit can be filed. Whether you prevail is another matter. You need to first submit a governmental tort claim to perfect your claim in a certain period of time and if rejected, you then file suit.

Given the somewhat complicated nature of suing governmental entities I suggest that your husband consult with a personal injury attorney that practices in the area of suing governmental entities.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption