Sunday, February 7, 2010

Lawsuit question? False Arrest?

A female friend of the famnily was charged with breaking and entering a while back. There was no evidence and the victim never picked her out of a lineup or identified her. Should they file a false arrest suit against the police department being that she did go to jail, had to be bailed out and missed time away from work due to the complete year of the judicial system continuing the case?Lawsuit question? False Arrest?
I doubt it. The threshold is pretty low to make an arrest. Unless you have real solid evidence that the police were simply harassing her on a trumped up charge, there is nothing to hang a case on.Lawsuit question? False Arrest?
Anybody can sue. Most lawyers want a retainer to start your case. Police work on probable cause. The City has a City Attorney. The City Attorney's job is to protect the City and make the police department look good. Any lawsuit I ever investigated the lawyers suggested $18k to start with expenses.
Despite the answers you have already from people who may or may not know what they're talking about, there is no way anyone here can offer advice or counsel anyone on this decision based on the two sentences you've provided regarding the ';facts'; of this case.

Frankly, I find it difficult to believe that police officers arrested your friend with ';no evidence'; but would find it much more believable that you don't have all the information surrounding this incident. If it took a year to adjudicated this case in the judicial system, it seems to me there must have been *something* for the parties to talk about.

Lawsuits are expensive and time-consuming. If she has nothing better to do with her time and money, she should certainly look into this with a qualified attorney. Otherwise, it might be best to just move on with her life.
Yes, but, as a person that has a current Federal lawsuit along those same lines, I will tell you to be very careful. And if she does file suit limit the allegations against the police to the very basic truths that can be proven beyond any doubt.

It is probably better to file a Civil Rights violation case in federal court and, again, only claim those things that are direct violations of her civil rights.

You can also report violations, such as, fabrication of evidence and false arrest directly to the FBI.

But be totally sure of what she says and that it can be proved beyond any doubt. The Police get away with this type of thing all the time. Just ask me, I know, this is the second time in 4 years that the same police have attempted to do the same thing.
I was arrested a few years back for a BS charge of driving under the influence of meth. I got stopped at a sobriety checkpoint and spent the weekend in jail and had my car impounded. My court date was pushed back twice and then when my name wasn't on the docket I was told at the information window that the charges were dropped due to the lab results. I consulted a few lawyers and was told each time that I wouldn't get anything out of a wrongful arrest suit. Hopefully you will have better luck. Most police do their best to uphold the law (I truly believe this), but the ones that make negligent decisions should be held accountable in some way. I would have been happy if at least I didn't have to pay the impound fees. I now understand why some people run from police for no reason. I was completely sober and following all laws when I was arrested. I missed two days of work over nothing and got not so much as a ';sorry';.
sounds like you think she otta do it.....

foot the bill........

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