What civil charges can be brought up against officers for filing false charges?

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What civil charges can be brought up against officers for filing false charges?

Me and my wife sat in a parked car counting money to buy a MetroCard when 2 officers came by and asked what was I doing. I said “counting money”, they asked if I was a drug dealer. They asked for my name and whose vehicle it was. I gave my mom’s name and they said that’s not the name registered to, then asked for my driver’s ID. As I reached for the ID he dragged me out of the car and placed cuffs in me. I told my wife to use my phone to record the ordeal then the officer dragged her away. He searched the car but found nothing. I remained in custody for over a day. He placed 4 false charges against me.

Asked on April 25, 2011 under Personal Injury, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You both were doing something possibly suspicious is how the officer will show it. If they filed false charges, you need to and your wife needs to immediately obtain criminal legal counsel to discuss the issue and see if those charges can be dropped. Once they are dropped (if indeed nothing illegal was done) and brutal force was used to pull you both out of the vehicle and arrest you for no reason, then and only then consider filing a civil suit against the police department and each of the officers involved. Your charges need to be either dismissed, adjudicated and you found not guility and your wife not found guilty to successfully sue. It will not be overnight but consider hiring counsel and bringing this to the media or talking with your state representatives because this is the kind of issue that has been gaining national attention (video taping or recording the ordeal and being arrested for it).


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