More details to this question:
My husband and his business partner were arrested for felony theft, home searched and items seized, and brought to jail based on what a 3rd business partner wrongfully convinced the DA to believe after terminating my husband and partner 10 months earlier and about 5 months after we filed a civil suit against him. About $24000 later in defense fees, humiliation, a failed sale of our business bldg resulting now in forclosure, and us providing documentation that the accuser received the same business disbursements as us, the case was dismissed. The accuser falsely reported information and left out information misleading the DA and police to arrest my husband and the 3rd partner. The DA and police did not properly investigate. If they had contacted us prior to arrest and not just believed the accuser, we could have provided needed documentation preventing our harm as well as thousands of dollars the county spent.
1 ANSWER
This sounds like the tort action called abuse of process, and it is a claim against the individual that caused the police to arrest and prosecute your husband. Damages could include recovery of your expenses for defending against a meritless claim prompted by the lies and emotional distress this has caused your husband and possibly your distress too. While you can bring a claim without an attorney, this is a substantial matter involving an amount that would require the Circuit Court of the County to resolve for you to get full recovery. I recommend you talk to an attorney about pursuing the matter if you are so inclined. Don't delay in bring a claim in court if you intend to do so. Since this is an intentional tort, I believe Wisconsin's 2-year period of limitations applies, meaning you must file a claim within two years or you may lose your right to recover.
Answered on Apr 18th, 2013 at 3:18 PM