If I was arrested for shoplifting but nothing was found in my possession, can I sue and if I can’t afford a lawyer what can I do?

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If I was arrested for shoplifting but nothing was found in my possession, can I sue and if I can’t afford a lawyer what can I do?

Asked on November 25, 2014 under Criminal Law, Alabama

Answers:

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

Answered 6 years ago | Contributor

See if you can get a free consultation from an attorney or a local bar association referral service. While it is possible to  sue a cop for false arrest, but such lawsuits tend to be difficult to win. Most states protect their officers from such suits with what is called “investigatorial immunity.” As long as an officer is acting reasonably in their employment they can not be sued.  The store, on the other hand, may have some exposure and that you need to explore.  Good luck. 


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