Can an officer sue the state if he/she was arrested, charged, then terminated under false allegations?

a person whom was arrested after a 19 yr service, charged then cleared of all charges, but was still denied reenstatement, could this person take the state to court as well as sue the state.Can an officer sue the state if he/she was arrested, charged, then terminated under false allegations?
I think you should contact a lawyer. He will be more able to answer your questions. Also, try your union, or you police officers association, or your state law enforcement association.Can an officer sue the state if he/she was arrested, charged, then terminated under false allegations?
Police officers who claim to have been wrongfully discharged frequently sue the department that fired them.
No, but they could sue the police department that refused his re-instatement.
It gets a little confusing. If it was a local department then the former officer can, and usually does sue. It was common on my old and v ery large department.


If it was a state department, it matters on the state. The ex officer can sue in most but in others the state has laws like the Feds saying that you cannot sue without them agreeing to be sued.





There are plenty of labor law alternatives (both Federal and most states have specific protection laws)to attempt reinstatement.


This is a labor law case and the ex officer will need a specialized labor attorney
No.





The state wasn't who they worked for and the state didn't do him any harm. That was from the agency he worked for.








He could sue, but he wouldn't win.
It's possible...but your friend would have to check with a lawyer for a stronger answer on what his odds are.





Depending on the circumstances in which the person was cleared, he should be able to be reinstated, or at least legally fight to be reinstated. Keep in mind, however, that ';cleared of all charges'; doesn't necessarily mean that the DA is admitting they made a mistake or got the wrong man...it could possibly mean that they just don't have enough evidence to legally warrant taking him to trial (or they don't feel they can obtain a conviction with the evidence they have). That's a whole other story...and a police organization would understandably not be too crazy about reinstating an officer still under a legal cloud of suspicion.





Suing the state for the arrest/charge is a trickier proposition. The law gives law enforcement some leeway with regards to ';good faith';...for example, can a disinterested observer see that the police drew the same conclusions and suspected the same person most other reasonable people would have, given the facts and circumstances? Actions taken in good faith are harder to fight in court. For a criminal complaint and/or lawsuit to be successful, you would likely have to prove there was some negligence/carelessness or intent to harm on the part of the police.





I hope this answers your question...good luck.