Can someone sue the county clerks or the county if they are given inaccurate information and are arrested as a result?
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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 11 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.
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